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...THE. 



Crime Against the 
Yakimas 



-BY-- 

LUCULLUS V. McWHORTER 
Associate Member of the Society of American Indians 

WITH 

INTRODUCTION 



BY 



WILLIAM E. JOHNSON 

Former Chief Special Officer of the United States Indian Service 



FIRST EDITION 



Republic Print, North Yakima, Washington 



The Crime Against the Yakimas 

— BY 

Lucullus V. McWhorter 






0^=>0 



Associate Member of the 
Society of American Indians 




To the Memory of 

Ukut Ochise (Wild Eye) 

The Grey Cayuse 

the 

Fleet Footed "Pard" 

of all Our Rambles, 

is this Volume Affectionately 

Dedicated by the 

Author. 



Copyrighted 1913 

By the Author 

All Rights Reserved 



©cu.« 



:i j o 



INTRODUCTION 



AS an island is denned as a tract of land entirely surrounded by 
** water, so may an Indian Reservation be described as a tract of 
land entirely surrounded by thieves. 

Too often the Indian superintendent, or agent, becomes the agent 
and co-partner of those who would plunder the Indians rather than 
attend to his duties as administrator of the affairs of the Indians 
themselves. 

The blundering, wabbling, ofttimes treacherous, administration of 
Indian affairs, conducted from a seat of power three thousand miles 
away, is the most sickening, discouraging, disgusting failure in the 
history of American government. 

While the superb, natural sense of honor of the Indian has led him 
to scrupulously observe every treaty and obligation ever entered 
into, the Government has left a trail of broken treaties, broken prom- 
ises, repudiated pledges — an hundred years record that would dis- 
grace a king of the Cannibal Islands. 

What ever of relief has been obtained for the Indian has usually 
been through an appeal from department red tape to the ears and 
hearts of the people. Here and there is a real friend of the Abo- 
rigine, who breaks bread in the wick-i-up ; who feels the throbbings 
of his heart; who understands him; who loves him for his virtues. 
Such a man is Lucullus V. McWhorter, the writer of the pages to 
follow. 

Years ago McWhorter began mingling with the Yakima Indians. 
He earned their confidence. He fought their battles. He aired their 
wrongs in public. He spent his time and money in efforts to secure 
for them a square deal. He was formally adopted into their tribe 
by Chief Yoom-tee-bee, and is known among them as He-mene Ka- 
wan (Old Wolf). And, while he is an adopted member of their tribe 
and has participated in tribal affairs as a member of their council, he 
has never sought or received one dollar of benefit from such member- 
ship. 

Four years ago, when I began operations in Washington, suppress- 
ing the liquor traffic among Indians, as chief officer of the Indian 
service, I first crossed this man McWhorter 's trail. T found him stir- 
ring them up to protest against the issuing of saloon licenses at Top- 



T11K CK1MK ACAIXST THE YAKIMAS. 



penish. I found the Indians, under his influence, protesting against 
the issuing of saloon licenses at Wapato, at Parker and other places. 
I found him stirring up the Yakimas to petition the Secretary of the 
Interior, asking for the removal of the white man's saloon from their 
midst. 

In March, 1911, a bill was introduced into the Washington senate 
to destroy the splendid state law against selling liquor to Indians. 
The news came to me immediately over the wire and I telegraphed to 
many persons of influence in that state, asking assistance in defeat- 
ing the infamous proposal. It was L. V. McWhorter who played the 
card that defeated the liquor grafters. He rode the Yakima Reser- 
vation for two days. The result was, that, representing five hundred 
Indians, he sent a telegram to the sponsor of the bill protesting and 
imploring that it be withdrawn. And it was withdrawn, as the 
hundreds of scoundrels who have since been convicted under this 
law can testify. 

Because of my interest in my own race as well as because of my 
interest in the Indian, I rejoice that the following pages have been 
written, and written by one so well qualified to tell the sordid story 
as Mr. McWhorter. If the remainder of the white race were like 
him, there would be no "Indian problems." 

WILLIAM E. JOHNSON. 

Westerville, Ohio, January 13, 1913. 




{Efte Crime &gatngt tfje gammas 




NDIAN affairs are dominated by two elements — rotten 
polities and morbid sentimentality," was the recent com- 
ment by a local critic. The truth of the first accusation is 
patent, but had the gentleman acquainted himself more 
fully with the unselfish motive which prompts the com- 
paratively few who are striving to alleviate the bitterness 
of the cup which has for centuries been pressed to the 
lips of our childlike aborigines, he certainly would not impugn all to 
be actuated by "morbid sentiment." However, the leaven of this 
force, whether morbid or otherwise, like all social and civic reforms, 
is being felt. There is surely "a going in the mulberry trees" for 
that political-ridden body holding guardianship over more than 300,- 
000 national wards. Not in the history of the Indian Department 
has there been such an unearthing of mal-administration and sicken- 
ing corruption. The Indian Rights Association and other eastern so- 
cieties are active in protest against the criminal neglect and carnival 
of graft which honeycombs this branch of the Government service. 

The White Earth tragedy, where the looting of the Chippewa- 
Ojebwa amounted to millions of dollars ; the thievish usurpation by 
white settlers of the water rights of the Pimas; and the wholesale 
plundering of the Pueblos under the administration of a booze-ped- 
dling superintendent (See Note 1) shielded and abetted by the higher- 
ups, have at last caused all justice-loving people to cry aloud against 
the flagrant wrongs so wantonly inflicted upon the scattered remnant 
of the most mysterious and interesting race in existence. Nor do these 
colossal robberies stand alone. Like crimes on a minor scale are 
being perpetrated on almost, if not every, Indian Reservation in the 
United States. "Where the carcass is, there will the eagles be gath- 
ered," has been too grimly palpable in all our dealings with weaker 
peoples. 

The Yakima Indian Reservation, Washington, was created at the 
Walla Walla Treaty in 1855, for the Fourteen Confederated Tribes, 
and covers approximately 1,000,000 acres of diversified country, in- 
cluding a vast body of fine desert lands susceptible to irrigation, 
which last has been allotted in severalty to the Indians, numbering 
3.046 souls. About 42,000 acres of this is under a good system of ir 



NOTE 1. — See "The Story of Juan Cruz." by Wm. E. (Pussy Foot) Johnson, For- 
mer Chief Special Officer. U. S. Indian Service, Laurel, Md. 



THE CRIME AGATNST THE YAKIMAS. 



rigation, some private ditches, the canals being paid for by the In- 
dians and by special appropriations by the government. Crops are 
produced on 10,000 acres additional by sub-irrigation, while perhaps 
20,000 acres of the allotted lands have been purchased by the whites. 
This irrigable region, fertile beyond conception when watered, has 
long been coveted by the white man. The first attempt at irrigation 
on this reservation was in 1859, but our story is of later years. 

In 1895 the Commercial Club of North Yakima, Wash., petitioned 
Congress to sell the surplus lands of the Yakimas, and to open the 
reservation for settlement. Two years later Commissioners were sent 
to negotiate with the tribe. It was estimated that 200,000 acres of 
land would suffice for all allotments, and for the residue the Govern- 
ment offered "unusually liberal terms" — $1,400,000, deferred pay- 
ments to bear four per cent, interest. The Yakimas spurned this 
munificent (?) offer. 

It is well at this point to state that for years the Indian Office sold 
deceased Indian lands for the advantage of the speculator rather than 
the actual home-seeker. The undivided allotments were offered to 
the highest sealed cash bidder, consequently only those well equipped 
could compete ; result, vast and valuable holdings by a few at ex- 
tremely low valuations. 

In 1909 I brought these conditions to the notice of the Indian De- 
partment and was promised that a change would be made ; that the 
allotments would be subdivided and sold on terms. Not until Febru- 
ary, 1911, was there any change; since which time, at the Indians' 
request, terms are granted, but no subdivisions. It is well recognized 
that lands in this valley sell at higher values in small tracts. The 
fallacy of the all-cash sales is apparent when it is understood that in 
nearly every case the money is doled out to the beneficiary in meager 
monthly installments. Thousands of dollars have been lost to the 
Indians by this criminal stupidity of the Department. 

Aside from the Jones bill, December 21, 1904, referred to elsewhere 
in this volume, which provides for the opening of the Reservation 
and the sale and settlement of unallotted tribal lands, the next serious 
attempt to amputate the Yakimas from their lands, culminated in the 

Notorious Jones Bill 
March 6, 1906, which provides that the irrigable lands of the Reserva- 
tion be cared for by the United States Reclamation Service. This 
bill, with the consent of the Indian, authorizes the Secretary of the 
Interior to sell sixty acres of each eighty-acre allotment; the twenty 
acres retained by the Indian to be furnished with a water right, to 
be paid for from the sale of the sixty acres. After the payment of 
such water right, "the balance, if any, shall be deposited in the treas- 
ury of the United States, to the credit of the individual Indian, and 
may be paid to any of them, if, in the opinion of the Secretary of the 
Interior such payments will lend to improve the condition and ad- 
vance the progress of said Indian, but not otherwise." Under this 
act the "Wapato Project to water about 120,000 acres, was launched. 



THE CRIME AGAINST THE YAKIMAS. 






The estimated cost for a water right for the Indian's twenty acres, in- 
cluding storage, is $30.00 per acre. 

It would be jocund, if it were not so tragical, to read the report of 
the Indian Committee, urging the passage of the Jones bill : 

- Tn this way." says the report, "the lands will be reclaimed and settled and 
the Indian will have a good and perpetual water right for his remaining 20 acres 
of land, which is more than he is apt to cultivate and is worth more than 80 acres 
of unirrigated land. With an absolute assurance that a good water right can be 
secured the value of the 60 acres which he can sell will be greatly increased. 

"Purely agricultural lands 
similar in character to these 
and in the same neighborhood 
are now worth from $150 to 
$800 per acre. * * * They 
produce alfalfa from three to 
four crops a year; hops, a ton 
and a quarter per acre; pota- 
toes and vegetables of all 
kinds; the finest of apples, 
peaches, pears, plums, apri- 
cots, prunes, and fruits of all 
kinds other than tropical or 
semitropical. With water these 
lands will be just as valuable SUB-IRRIGATED MEADOW. 

, -. ,-, i • i f Yakima Indian Reservation, 

and produce the same kind of Well and gweat House . 

crops. They lie adjacent to (Copyrighted by the Author.) 

the Northern Pacific Railway line. Climatic conditions are splendid. The win- 
ters are mild, and the summers have warm days, pleasant nights, and almost con- 
tinual sunshine. The markets of Puget Sound are but eight hours distant. 

"In this section the lands under irrigation are cut up into small farms of from 
5 to 40 acres each. Many families own but 10 acres, from which they make a good 
living and save money. If each Indian were to take advantage of this bill he 
would still retain 20 acres — that is. a family of four would have a farm of 80 
acres. It is a good thing to allow the Indians to dispose of a portion of their al- 
lotments and thereby surround themselves with energetic, industrious farmers. 
They will be able to secure all the work they desire. They will have the exam- 
ple and reward of industry ever before them, and if anything will promote their 
civilization this will do it. The bill is for the benefit of the Indians, and will not 
cost the Government a dollar. Its passage will also assist materially in the de- 
velopment of irrigation in the Yakima Valley." 

Eliminating the iDdian Factor. 

'"After a careful consideration of the bill." wrote Indian Commissioner F. E. 
Leupp, in recommending its passage to the Secretary of the Interior, "I am con- 
vinced that if it is enacted the 'Indian factor' in the Yakima Valley project will 
be eliminate (See Note 2) and the Reclamation Service can carry that project out." 
Louis Mann, a full blood Yakima, who will be referred to often in 
this article, saw in the local press the trend of the Jones bill and 
wrote a protest to Senator Ankeny, signed jointly by himself and his 
clan chieftain, and received the following communication : 



NOTE 2. — Commissioner Leupp was resourceful in methods of "eliminating- the 
Indian factor." In 1907, upon his recommendation, By-a-lil-li and seven other Nava- 
jos were transported from the Navajo Reservation to Huachuca. Arizona, where, 
"without any charge having been filed against them in any court of law, and without 
the benefit of council or procedure by due course of law, they were confined in a 
military prison for an indefinite period at hard labor." Eighteen months later, upon 
habeas corpus proceedings instituted by the Indian Rights Association, they were 
ordered released by the Superior Court of Arizona. (See Senate Document No. 118, 
60th Congress, 1st Session.) 



THE CRIME AGAINST THE YAKIMAS. 



"House of Representatives, 
"Mr. Lewis Mann, Washington, D. C, March 21, 1906. 

"Mr. Weyallup Wayacika, Indians. 

"North Yakima, Washington. 
"Gentlemen : 

"Your letter of March 6 to Senator Ankeny, protesting against my bill, has 
been shown to me by the Senator and I cannot believe that you understand this 
bill. I have been pressing the matter more out of friendship for the Indians, and 
for the good it would be to them, than otherwise and I wish you, or some one 
for you, would point out in what respect it is an injury to you. It does not com- 
pel you to sell any of your land, for you can hold your land just the same as you 
are now holding it and just as long as you live if you want to or, if you would 
prefer it, you can sell sixty acres of your allotment. I have never heard a word 
of protest from any one with reference to this bill and I assure you that if you 
had any objection to it and had presented it to me it would have been considered. 
I think that, if you will look the bill over or have it explained to you by some 
one who will give you the real meaning of it, you will see that your interests have 



been looked after. 

This explanation ( ?) 
failed to convince the re- 
cipients that Mr. Jones 
had "been pressing the 
matter more out of friend- 
ship for the Indians than 
otherwise." No previous 
protest had been made for 
the very good reason that 
the tribe knew nothing of 
this philanthropic move, 
nor had they a white 
friend sufficiently interest- 
ed in their welfare to ap- 
prise them of the impend- 
ing danger To this day the 
primary influence which 
prompted Mr. Jones to ex- 
ert himself so munificently 
in their behalf is an un- 
solved mystery to the 
YaHmas. Chief Saluskin, 
We-owikt, a primitive pa- 
gan, said: "I hear that 
Jones made speech in 
Congress and told: 'We 
will make Christians of 
the Yakimas ; they must 
do heap praying and 
twenty acres is all they 
will have time to work.' " 

The true incentive to 
the Jones bill is found in 



"Respectfully yours, 

"W. L. JONES." 




CHIEF SA-LUSKIN WE-OWIKT. 1911. 

"My Father was once chief of all this 

country and my tribe was strong." 

(Copyrighted by the Author.) 



THE CRIME AGAINST THE YAKIMAS. 



a study of the correspondence of that period on file in the Indian Of- 
fice. The Reclamation Service wanted a foothold in the Yakima Res- 
ervation, but the unsettled condition of the water rights of the In- 
dians was a stumbling block. 

Beginning at Union Gap, the Yakima river bounds the Reservation 
on the east a distance of about forty miles. Notwithstanding that the 
treaty of 1855 "secures" to the confederated tribes and bands of In- 
dians "the exclusive right of taking fish in all the streams running 
through or bordering said Reservation," this recognition of the pri- 
ority right of the Yakimas to this stream avails them nothing. The 
Reclamation Service refers to the Indians' contention for irrigation 
water as "vague claims." 

In 1891 the Northern Pacific, Kittitas and Yakima Irrigation Com- 
pany began constructing a dam across the Yakima river some three 
miles below Union Gap for the purpose of diverting water to a canal 
irrigating a large tract of land northeast of this stream. Under date 
of October 8, 1891, Major 
Jay Lynch, then Indian 
Agent for the Yakima Reser- 
vation, wired the Indian 
Commissioner notice of this 
infringement of the rights of 
the Yakimas, not only ap- 
propriating water which 
was rightfully theirs, but 
also seriously interfering 
with their fishing rights. On 
Nov. 17, 1891, the Acting 
Commissioner advised the 
Secretary of the Interior of 
the probable effect of this di- 
version dam, and recom- 
mended that the District At- 
torney for the State of 
Washington make a full in- 
vestigation and institute 
suits. J. necessary, for in- 
fringement on the Indian 
Rights, stop the construction 
of the dam and have it re- 
moved. However, no steps 
were taken to stay the erec- 
tion of this dam, which was in gross violation of the Government 'p 
treaty obligation to protect its dependent wards. In consequence, 
practically the entire flow of the Yakima river during the vital irri- 
gating season is diverted to this alien canal and the Indians are com- 
pelled to buy storage water from the Reclamation Service, or lose 




MAJOR JAY LYNCH 

Photo during incumbency as Yakima 

Indian Agent. 



10 THE CRIME AGAINST THE YAKIMAS. 

heavily on their crops. This piracy has greatly retarded the devel- 
opment of their lands, leaving thousands of acres in sagebrush that 
are accessible to the canals already constructed. 

"Killing" the Waneto Slough. 

A short distance below this dam was a stream of some magnitude, 
known as the Waneto Slough, running from the Yakima river across 
the Reservation valley to Toppenish creek on the south. Several 
Indians and a few white renters had built laterals along this stream, 
conducting water to a considerable body of land. Except at the time 
of the spring floods, this branch of the Yakima river has been dry 
since the construction of the dam, entailing loss and misery to the 
allottees with no hope of redress. A few years prior, when the 
Northern Pacific Railroad was built across the Reservation, this 
stream, or creek, was bridged, permitting the unobstructed flow of 
the water. Subsequently, to obviate the expense of maintaining this 
bridge, the railroad company proceeded to fill the channel with earth. 
Mr. Lynch protested on the ground that it was a natural stream from 
which water had been appropriated by the Indians for irrigation pur- 
poses. The railroad company desisted and the bridge is still there. 

In 1894 the Northern Pacific, Kittitas and Yakima Irrigation Com- 
pany went into the hands of a receiver and was reorganized as the 
Washington Irrigation Company, since which time its canal has been 
known as the Sunnyside Canal. 

In 1897 the intake of the two main Reservation canals provided for 
314 cubic feet per second. Their combined length, 15.47 miles, with 
13.66 miles of laterals, covered 30,000 acres. Waneto Slough provided 
for 200 cubic feet per second, making a total of 514 second feet. (Re- 
port of Commissioner of Indian Affairs, 1897, L. T. Erwin, Agent.) 

With additional laterals from these various sources fully 50,000 
acres of the very best soil can be irrigated. 

On Feb. 19, 1903, in addition to the riparian rights of the Yakimas, 
Mr. Lynch, under the State laws, filed on 1,000 cubic feet per second 
flow of water at Union Gap for the use of the Reservation lands. 

In 1904 a move was on foot to transfer the Sunnyside Canal to the 
United States under the Reclamation Service. On May 4, 1905, 
this bureau withdrew the unappropriated waters of the Yakima river 
under the State Water Appropriation Law of March 5, 1905. In Au- 
gust, 1905, the Reclamation engineers made an estimate of the low 
water flow in the Yakima river at Union Gap, showing a minimum of 
793 cubic feet per second. The flow in the Sunnyside canal and the 
Reservation canals, including Waneto Slough, were also measured. 
The result is here given : 

Amount diverted Amount diverted 

Aug., 1904 Aug., 1905. 

Sunnyside Canal 605 cu. ft. per second 624 cu. ft, per second 

Reservation Canals 226 cu. ft. per second 269 cu. ft. per second 

This table is from the Fourth Annual Report of the Reclamation 
Service, 1904-5. 



THE CRIME AGAINST THE YAKIMAS. 11 

Below are given figures by the same bureau in its Fifth Annual Re- 
port, 1906: 

Average diversion Flow latter part of 
Aug., 1905. Aug., 1905. 

Sunnyside Canal 626 cu. ft. per second 650 cu. ft. per second 

Reservation Canals 269 cu. ft. per second 147 cu. ft. per second 

In this second report, covering the same period, a new column of 
figures appears wherein the Sunnyside canal gained 21 second feet of 
water while the Reservation canals lost 122 second feet. By what 
process of legerdemain this result was evolved, we leave for the Re- 
clamation Service experts in mathematical jugglery to explain. 

It is noted that the flow in the Reservation canals is reported as a 
unit ; but were they. 

Compared with Agent Erwin's report in 1897, they were not; and 
the figures of the Reclamation Service are false. In any event, as 
previously shown, the Waneto Slough was dry from the diversion by 
the Sunnyside canal at the time of this measurement ; nor are some 
private ditches included. In the report for 1904, for the evident 
purpose of detracting attention from the purloining of its waters, this 
stream is called 

"Gilbert's Canal." 

Mr. H. M. Gilbert, a prominent commission merchant and Reserva- 
tion real estate broker, had leased and irrigated lands from this 
slough, and, as will hereafter be seen, was conspicuous in fighting for 
the Reclamation Service in the Reservation. Mr. Lynch, under date 
of February 3, 1906, called the attention of the Indian Office to this 
grossly fallacious modern name, showing that the stream is a natural 
one ; and that the Indians were suffering because of the misappro- 
priation of its water by the Washington Irrigation Company. He 
warned the office that unless the natural flow was restored, litigation 
was likely to follow. No attempt has ever been made to have the 
stolen water returned to this per white man "Gilbert's Canal." 

In 1905, in accordance with an agreement or silent acquiescence of 
the Indian Department, the Secretary of the Interior adjudicated the 
water rights of the Indians and the Washington Irrigation Company 
on the basic figures of the "magic column" appearing in the Report 
of the Reclamation Service, 1906, previously cited. He "tacitly" 
gave to the irrigation company 650 cubic feet, which is sufficient to 
irrigate approximately 60,000 acres, and generously conceded the 147 
cubic feet to the Indians, which will irrigate not to exceed 12,000 
acres. This ruling seems all the more criminal when we realize that 
the Sunnyside canal at that time covered only 60,000 acres, since in- 
creased to 100,000 acres, which is all the land available ; while the 
Wapato Project embraces 120,000 acres. 

On the Ahtanum, a boundary stream tributary to the Yakima, the 
Indians were permitted to retain only a fourth of the low water flow, 
leaving the old Indian ditches constructed some thirty years previous- 
ly, entirely dry. Complaint to the department avails them nothing. 



12 THE CRIME AGAINST THE YAKIMAS. 

Justice had no component part in this ' ' dividing of the waters ' ' of 
the Yakima. It was in reality an official confirmation of the theft of 
the Reservation waters, amounting to undetermined millions of dol- 
lars. This "adjustment" was regarded as final and a strong 
score for the Reclamation Service -in foisting upon the Gov- 
ernment in a very questionable deal — the taking over of the Sunny- 
side canal. The Interior Department could not, however, consider 
this purchase until a "clear slate" for the Reclamation Service on 
the Yakima Reservation was apparent, and to this end the Jones bill, 
March 6, 1906, was formulated and passed. On the 27th day of the 
same month the Secretary of the Interior closed the contract which 
had been drawn the previous year, for the Sunnyside canal in the 
sum of $250,000 cash and a retained water right for 9,000 acres then 
supposed to be under irrigation, which, however, materialized only 
7,000 acres. 

Mr. Lynch bitterly opposed this move. Under date of February 3, 
1906, he sent a lengthy protest to Mr. W. H. Code, (See Note No. 3) 
Inspector of Indian Service, and to the Commissioner of Indian Af- 
fairs. He said in part : 

"The Yakima River is a boundary stream and the treaty gives certain ex- 
clusive rights to this stream to the Indians, and must necessarily give the United 
States exclusive jurisdiction and control of the waters of this stream. The Wash- 
ington Irrigation Co., the largest user of water on the river, has constructed a 
dam across" the Yakima River upon Indian lands, and have appropriated a large 
amount of water under the state law. without any act of Congress granting them 
this right or privilege, when in fact the state had disclaimed any jurisdiction over 
it, (See Note 4) and it was and is impossible for this company to secure any right 
or title without an act of Congress, and they now propose to sell to the U. S. their 
plant and water rights. I think it would be well for the Government to investigate 
their title to water and dam before they purchase from this company." * 

"As stated in my former letter, I do not think the Jones Bill as now pending 
makes a clear slate, nor attempts to say what water rights the Indians have, or 
how much storage they will require, which is all a matter of guess, and if not de- 
termined now, it will have to be settled some time, probably by the courts." 

Upon the consummation of the sale of the Sunnyside canal, the 
Reclamation Service entered the reservation and proceeded to survey 
and map out the "Wapato Project," including storage dams in the 
mountains. This work was completed in two years at a cost of about 
$36,000, and early in 1908 Mr. Lynch was importuned by the Indian 
Department and local promoters as to the probable outcome of secur- 
ing the Indians' signatures to contracts for water rights. He was 
urged to do all in his power to insure success. Mr. H. M. Gilbert, the 
henchman of the Reclamation Service, wrote him that he understood 
that the matter of watering the Reservation was up to his getting the 
consent of the Indians. "I had understood," he continues, "that the 



NOTE 3. Mr. Code, then Acting Chief Engineer of the Indian Service, disclaims 

any part iii the "adjudication" of the Reservation boundary waters. The division 
was made arbitrarily and without his consent. As a substance of fact, Mr. Code 
was. at the time, Consulting Engineer for the Reclamation Service. 

NOTE 4. — Art. XXVI of the Constitution of the State of Washington, reads: 
"That the people inhabiting this state do agree and declare that they forever dis- 
claim all right and title to the unappropriated public lands lying within the bounda- 
ries of this state, and to all lands lying within said limits owned or held by any 
Indian or Indian tribes; and that until the title thereto shall have been extinguished 
by the United States, the same shall be and remain subject to the disposition of the 
United States." 



THE CRIME AGAINST THE YAKIMAS. 13 

Secretary of the Interior was authorized to sign contracts for this 
water for the Indians as wards of the government." He criticised 
Mr. Lynch for the delay. Mr. Lynch had vainly tried to ascertain 
the probable cost of the Wapato Project, but true to the "gum shoe" 
policy of the Reclamation Service, this information was withheld. 

In a letter dated June 8, 1908, to the Indian Commissioner, Mr. 
Lynch says : 

"I believe that your Office as well as this office has always contended and be- 
lieved that the Reservation is justly entitled to a good portion of the natural flow 
of the Yakima River, it being a boundary stream of the Reservation, and if we 
have such a right now is the time to contend for it and it seems unjust to the 
Indians that the proceeds of the sale of their land should be expended in the con- 
struction of reservoirs to furnish water. It is my opinion that if they are en- 
titled to even one-half of the flow of the Yakima River, they would not need any 
storage water or have any use tor reservoirs and dams." 

Again, under date of June 11, 1908, he wrote the Commissioner: 
"It may be useless to contend for any more of the flow of the Yakima River 
than the Reclamation Service feel disposed to allow the Reservation, but the divi- 
sion which they seem to think is settled upon certainly seems to me to be unfair 
and unjust and I am at a loss to understand upon what basis any such division 
could be based, and if we have to accept it. it means that the reservation lands 
must bear nearly all of the cost of the construction of dams for storage which 
will probably be somewhere between $1,000,000 and $2,000,000, just how much no 
one at this time seems to know. 

"I doubt very much whether the natural flow of the Yakima River can be le- 
gally taken from the reservation and these Indians deprived of their treaty rights 
without an act of Congress and perhaps even an act of Congress could not deprive 
the owners of land of rights they were legally possessed of. However, it is not 
my intention to argue this matter, but the Reclamation Service will find that they 
arc going to have a great deal of trouble in securing contracts for the Wapato 
Project on the basis of the division as stated in the enclosed letter." 

The Jones Bill a "Gold Brick." 

Under date of June 20, 1908, he continues : 

"I have always understood from Mr. Code that the matter of the division of 
the water of the Yakima River was not entirely settled upon and that he had 
never recommended or agreed to a division as claimed by the Reclamation Ser- 
vice, and to tell the truth I have always felt that the delegation in Congress from 
this state and the Reclamation Service in recommending the buying of the Sun- 
nyside Canal recommended that the government purchase something, especially in 
the way of the Sunnyside water right and dam, that they already owned or held 
in trust for the Indians. The Secretary had stated prior to the approval of this 
purchase that they must show a clear slate as to the water rights and especially 
as to the Yakima Indian Reservation, and the bill known as the Jones Bill, placing 
the reservation lands under the Reclamation Project, was largely in the nature of 
a gold brick passed up to the Secretary to make him think there was ?i clear 
slate, and as soon as the Sunnyside property was purchased it was generally ad- 
mitted by the Reclamation Service, as well as others, that this bill could not be 
put into effect or operation without some amendments and the amendments that 
the Reclamation Service want and are trying to get is that the Secretary he 
authorized to dispose of 60 acres of their land in accordance with the Jones bill 
without the consent of the Indians, at least their attorney so informed me that 
they were trying to get such an act passed by Congress. There was a law passed 
(See Note 5) opening the Reservation and the Indians were not consulted nor (heir 

NOTE 5. — Act of December 21, 1904. Bill introduced by Congressman W. L. Jones. 
See Note 7. this volume. Act of December 21, 1904. Bill introduced by Congressman 

\Y. I.. Jones. See Note 7, this volume. 



14 THE CRIME AGAINST THE YAKIMAS. 



consent given and they naturally feel pretty sore about this matter and on account 
of the feeling existing on this account it makes it pretty hard to talk with them 
about getting their consent on any question. This irrigation matter is not a ques- 
tion for council but the individual Indians have to be dealt with, and they as a rule 
are so ignorant about such matters and many of them can't even talk the Eng- 
lish language, that it is not going to be an easy task to get their consent and if 
a success is made of the matter it must be done by some person who has had some 
experience in dealing with Indians and who can give the matter his whole time 
and attention." 

It was evident that Mr. Lynch was not in harmony with this gi- 
gantic steal ; and upon refusing to be transferred, or to resign, he 
was, on January 1, 1909, "suspended" from office and Mr. S. A. M. 
Young installed in his place. This gentleman was then in perfect 
accord with the coalition of the Reclamation Service and the Indian 
Department, and the following spring was marked by general activ- 
ity along the entire line. The final coup of securing the Indians' con- 
sent to the selling of his sixty acres was at hand. 

The Yakimas as a unit knew nothing of the import of the Jones bill 
until I explained it to them at a council called by the late Chief 
Yoom-tee-bee, June 9, 1909. In this council a petition to the Indian 
Commissioner for a redress of various grievances was formulated, 
from which the following is copied : 

"Complaint 6. Regarding the disposal of sixty acres of the allotted eighty, the 
Indians think that they should be permitted to retain at least one-half of their 
eighty acres, and hope for an amendment to the Act in question, to that effect. 

"They realize that the white man can hold forty acres under the government 
irrigation system, on the Tieton near North Yakima, and they feel the injustice 
of any legislation which compels them to relinquish, or dispose of, three-fourths of 
their land, under pain of being deprived of all water rights." 

"Twenty Acres Enough for an Indian." 

I also wrote Senator Jones : 

"The Indians feel that they have not been justly treated in this matter. * * 
Many of them have constructed private ditches and have their lands under culti- 
vation. They were encouraged to do this, believing that such improvements would 
be pei-manent. and that the water was theirs and would never be taken from 
them. 

"They now hope for an amendment to the act in question, which will permit 
them to hold forty acres instead of twenty, and are looking to you to champion 
their cause. This is not an unreasonable request, and we trust that you will do 
all in your power to accomplish this end. It should be borne in mind that the 
Yakimas are not a generation from the 'hunter state' and are wholly incapable 
of the scientific farming so absolutely necessary for a livelihood on a twenty-acre 
tract. 

"Under the conditions now being forced upon him, he can never hold Ids own 
with the resourceful white man whose greed and avarice seem to be insatiate." 

Mr. Jones replied : 

"There will be no possibility of passing any legislation of this kind amending 
the act permitting the sale of 60 acres at the present session of Congress, nor do 
I think it possible to pass it at any time. The Indian does not have to sell any 
of his allotment if Ik 1 dues not want to do so, and knownig as much about the 
Indian and irrigation as you do, I am satisfied you will agree with me that 20 
acres of irrigated land is about all any Indian would be able to properly manage 
and if he can sell the 60 acres and, out of the proceeds get a water right for the 



THE CRIME AGAINST THE YAKIMAS. 



1.3 



remaining 20 acres and still have a little surplus remaining to help him along, it 
seems to me he ought to be in pretty good shape." 

In March, prior to this, I had, at the instance of Chief Yoom-tee- 
bee, forwarded to the Indian Office a protest similar to the foregoing, 
to which the Commissioner replied under date May 7, 1909 : 

"The Office believes that twenty acres of irrigable land on the Yakima Reser- 
vation is ample for the needs of any allottee, and that the sale of the larger 
quantity will enable him to make better use of the twenty acres retained. 

"Special Agent Charles E. Roblin, has been detailed to the Yakima Reserva- 
tion to explain to the Indians the purport of the legislation, and to endeavor to 
obtain from them petitions for the sale of the excess lands. 

"Mr. Roblin has the confidence of the Yakima Indians and is the person best 
fitted to deal with them in this matter." 

Mr. Roblin had acted as chief clerk of the Yakima Agency, and the 
Indians were very well acquainted with him. To the surprise of the 
Indian Office, his efforts fell flat. But few Indians could be induced 
to sign. Mr. Roblin was later removed and has since figured in the 
Pima water scandals in Arizona. 

In the latter part of July, 1909, the opposition of the allottees to 
the undertaking became so manifest that Mr. C. F. Hauke, then 
chief clerk of the Indian Office, visited the Reservation to ascertain 
the hindering cause. He soon expressed his belief that there was 
"some outside influence at work among the Indians." 

It is true that simultaneous with Mr. Roblin 's advent, that Wild 
Eye, the Grey Cayuse, and rider was hitting the Reservation trails 
hard, creating a dust which proved a veritable hoodoo to that 
worthy's most strenuous efforts at collecting Indian autographs. 




YAKIMA INDIAN HUNTERS. 1912. 

Breaking Camp on the Desert. — Wild Eye. "The Grey Cayuse." 

(Copyrighted by the Author.) 

The promoters of the Wapato canal were now in despair. They 
saw their pet scheme of "civilizing" the half hunter, half pastoral 
Yakima by confining him to a twenty-acre garden among a dense 
population of "energetic and industrious" white farmers, go glim- 



16 



THE CRIME AGAINST THE YAKIMAS. 



mering. Something should be done for the "poor Indian"; so, in 
July, 1909, Mr. Gilbert, the Reservation real estate broker, and two 
associates, under the auspices of the Commercial Club of Toppenish, 
a Reservation town, advocated in the press and petitioned the Secre- 
tary of the Interior : 

"That it would be better to follow the advice of former Commissioner Leupp 
and give such Indians as da not want to take advantage of the Jones bill, pat- 
ents in fee simple and treat the allotted Indians as they really are, American 
citizens." 

This, when interpreted, reads: "Then the white man with much 
booze and very little money will speedily 'eliminate' the 'Indian 
factor ' from the Yakima Valley forever. ' ' 

Great scheme ! (See 
Note 6.) I took exceptions, 
which at once made appar- 
ent the source of the "out- 
side influence at work 
among the Yakimas." I 
was then approached by 
Mr. Gilbert with a modi- 
fied form of contract, or 
petition, empowering the 
Secretary of the Interior 
to "dispose of such lands 
of above described allot- 
ment as may be neces- 
sary," for a water right in 
the proposed irrigation 
sytsem. He urged that the 
entire improvement could 
be paid for from the sale 
of timber and unallotted 
lands, which are to be 
sold under the Jones Act 
of December 21, 1904. 
This I then believed, and 
still deem feasible, and I 
could see no justice in the 
Government's exacting 
further security from its 
wards which places them 
at the mercy of unscrupu- 
lous landsharks. 

However, notwithstand- 
ing that this petition 
when signed, authorizes the sale of sixty acres of each allotment if 
"necessary" and that great abuses were likely to result to the detri- 




BILLT STAHAI (1911). 

Sub-Chief and Councilman. 

"Me-yay-wah (God) created the water 

for all." 

(Copyrighted by the Author.) 



NOTE 6 — The Reservation Real Estate Broker proved an eager follower of the 
humane (?) Leupp, who. in 1908, advocated and urged Congress to pass an act repu- 
diating all treatv stipulations wherein the Government holds in trust for a period of 



THE CHIME AGAINST THE YAKLMAS. 



17 



ment of the Indian, I felt that it was a losing game for the tribe to 
let its lands remain idle; that the white man was gradually absorb- 
ing them at speculative prices — this coupled with the statement to 
me by one in the game, that "Within five years the white man will 
have such control as to enable him to build the canal regardless of 
the Indians' consent"; from another, that "The Indian may as well 
understand at once that the government will build this canal whether 




WILLIAM CHARLEY. 

Interpreter (1912). 

(Copyrighted by the Author.) 

the Indians want it or not." All this considered, I deemed it just as 
well at that time for the allottees to sign and take chances. 

I accordingly called the tribe in council and had the import of the 

twenty-five years, the patent of an allottee; and to authorize the Secretary of the 
Interior, "at his discretion." to issue to any Indian who may refuse to send his chil- 
dren to school, or any Indian who persists in drunkenness, a patent in fee simple for 
his land, and leave him "to take care of himself as best he can." — (See House Docu- 
ment No. 790. 60th Congress, 1st Session. > 

This would place beyond the protection of the Government the most ignorant and 
the most helpless class of Indians, leaving them a ready prey to that law-defying 
combination, the bootlegger and the land grabber. 



18 THE CRIME AGAINST THE YAKIM AS. 

new petition fully explained. The Indians hesitated. They could not 
understand this sudden interest of the white man in the welfare of 
his despised red brother. Why had the petition been changed? Was 
not an amendment to the Jones bill refused? There must be some 
trap? Louis Mann wrote me, "If Mr. 

Indians Are Squeezed to Hell 
they will never give no consent to their allotments be sold as the 
Jones bill is. This is no fooling among my nation of Yakima Indians. 
I am in earnest ; I have been talking to my people and every one con- 
cerned do not wish none of that business." 

It was arranged for the Indian council to meet the Hon. R. A. Bal- 
linger, Secretary of the Interior, in North Yakima, the evening of 
August 24, 1909. In the interval it was highly desirous that some 
showing of actual work be presented to the Secretary upon his ar- 
rival ; and with this in view, Mr. Gilbert proposed to William Charley, 
a full blood Indian, and the writer, that if said William Charley 
would come to his office in Toppenish and act as interpreter in secur- 
ing signatures to these new petitions, he would place all such petitions 
in his fire safe "until the Indians are entirely satisfied to have them 
sent to Washington," but if at any time the Indians were not satis- 
fied, he would upon our request, surrender the petitions to be de- 
stroyed. 

With this understanding William Charley began work, and secured 
several signatures to the petitions, which were left in the gentleman's 
care as agreed. The Indians were never fully satisfied with this work, 
and afterwards we made a written demand for the return of the pe- 
titions in question, which demand was silently ignored. We were 
trapped. The gentleman failed to keep his word of honor. 

Indian Council Meets Secretary Ballinger. 

The Indian Council convened at my house August 24, 1909, and 
completed a petition which was in part prepared at a previous coun- 
cil, to Mr. Ballinger, setting forth some of their grievances and pray- 
ing for relief, which never came. Owing to the death of a relative, 
Chief Yoom-tee-bee did not attend this council. Two orators, 
Chiefs Meninock and Shut-to-monen (Charley Wesley) were chosen to 
lay before the Secretary, the Council's view of the proposed Wapato 
canal, through William Charley as interpreter. Superintendent 
Young, a few Indian and Reclamation Service officials, including Mr. 
Gilbert, and others, were present. 

Chief Meninock spoke briefly, setting forth their right to one half 
of the water in the Yakima river. He referred to the treaty of 1855 
to which his father was a signer; that they had tried to live up to 
their part of this compact and that the whites should do likewise. He 
plead earnestly that they be not further wronged by the government ; 
that they be permitted to retain all their lands, which they loved as an 
ancestral heritage. The Indians did not want to sell any of their land. 

Mr. Ballinger turned to the interpreter and said: "Tell him that 



THE CRIME AGAINST THE VAK1.MAS. 19 



they do not have to sell any of their land. T will water it and let 
them keep it all." 

Surprised and angered at such a mendacious statement, 1 inter- 
posed: "Excuse me, Mr. Secretary, but if the Indians sign the peti- 
tion in question, can you not sell up to sixty acres of each allotment 
so watered if necessary?" 

"Well, yes," was the hesitating reply; "I suppose that I can if 
necessary, but it is not likely to be necessary." 

This little episode did not tend to allay the well founded suspicions 
of trickery already in the minds of the Indians. They had at a pre- 
vious tribal council accused Mr. Roblin of securing signatures of those 
who did not understand the nature of the petition, and they now felt 
that the entire scheme was a well laid plot in the Jones bill to absorb 
their lands. I am free to confess that from this time on my zeal in 
the success of the undertaking lagged, and subsequently I rejoined 
the hostiles. 

Shut-to-monen was not permitted to speak. His time was usurped 
by a prominent local attorney who gratuitously enlightened the Secre- 
tary as to the great wealth of some of the Yakimas and how they 
should be given patents in fee for their lands. This gentleman after- 
wards publicly advised the Secretary that the present irrigation sys- 
tem on the reservation, which cost the Indians about $150,000, should 
be taken over by the Reclamation Service, the cost money refunded to 
the Indians, to be then used in building reservation roads. This prin- 
ciple of loot is in perfect harmony with subsequent movements along 
this line. 

The Fort Simcoe Council 

In September, 1909, a council was held at Fort Simcoe, where the 
opposition of the Indians was strongly manifested. Supt. Young 
was an early speaker. He told them that according to his estimate, 
it would only take from seven to twenty acres of each allotment 
watered, in addition to the tribal funds, to secure individual water 
rights ; and that this amount was all that would be sold, if they 
would sign the contracts. This statement was seemingly received 
with bad faith, as Klah-toosh, an hereditary chief, arose and said : 

"Yes, my friend; I understand your talk. Do not bring any lies 
that you can manufacture. This country is ours. The water is ours. 
The law knows this. Who gave you the right to take from us our 
water which is life, and then offer it back to us in exchange for our 
land? Why should we pay for that which always belonged to us? 
You white people want to eat us up like hogs. Do not talk to us 
like fools." 

In this connection Mr. >Young subsequently said to this Council, 
"Let it be known once for all that the Indians can keep all their 
lands if they want to do so." 

Lumni, the aged scout, replied, comparing Mr. Young to Gov. Stev- 
ens. "When Governor Stevens made treaty with our fathers in 
1855, he said, 'So long as the sun shines, so long as Mt. Adams stands 



20 



THE CRIME AGAINST THE YAKIMAS. 




CHIEF YOOM TEE-BEE. (Bitten by a grizzly bear.) 

1 eader of the "1 [Qgtiles." 

'You are now my brother. You must always stand by my people and help them. 



THE CRIME AG AINST THE YAKIMAS. 21 

and so long as the water flows down to the ocean, will this reserva- 
tion he yours.' Now like Governor Stevens, you come with sugar 
in your mouth and talk two ways. We want no lies." 

Judge Louis Simpson said that he would never sign until he was 
satisfied that the pledges made would he kept. He referred to the 
promise of the Northern Pacific Railroad in securing the right-of- 
way through their reservation, that they would he given "free 
passage and free transportation for their farm products," which 
promises were never made good. In no uncertain words he charged 
bad faith on the part of all white men wherever they had had deal- 
ings with them. 

Mr. Gilbert, the reservation real estate broker, the gentleman who 
advocated fee-patents for the Indian lands; he who held in trust the 
sigued up petitions, now stood up and in a long harangue explained 
how the lands watered could be made to pay for the full water rights 
from rentals alone. He made the astounding statement that "under 
the contracts the Indians cannot lose any part of their lands, even 
though none of their timber is sold; if only they will sign up." He 
kindly offered to meet them in council at any time and explain all 
points connected with the contracts not fully understood. 

It was then that Chief Yoom-tee-bee arose with native dignity and 
in part said: "I have heard that talk before. I feel sweetened. 
This Government keeps not its word with us. At the Wenatchee 
treaty we were promised money ; but our lips are dry. We have 
never seen that money. We want to see this money first ; then we 
will decide about this other business. We older men are not sat- 
isfid to sign. When we gaze on that money we will say, 'Now let us 
consider this question.' " 

He declared: "We do not want Mr. Gilbert to come to our coun- 
cils and tell us what to do. We know our own business. We know 
what we want, and we want no blind talk." 

Mr. Young explained that the Wenatchee money would be only ten 
dollars for each Indian ; and urged the futility of permitting such 
trifling matter to stand in the way of so important business as irri- 
gation for their lands. Chief Yoom-tee-bee replied, "The Wenatchee 
money belongs to us. It has not been paid. I am not ready to sign 
until this is settled. I do not ask instructions from you. I want 
nothing crooked for my people. There are," he added significantly, 
"some points not yet settled. The Cedar Valley was taken from us 
and never paid for. (See Note 7.) When all is clear, I will sign." 
Nothing was accomplished at this council. 

Chief Yoom-tee-bee subsequently said: "These men, working 



NOTE 7. — Owing to an erroneous western boundary line approximately 3 1 

acres of the Yakima Reservation, including the Cedar Valley, was lung in dispute; 
and a great many settlers homesteaded the best part of the valley in question. On 
December 21, 1904. the Jones bill was passed, authori/ang tin opening oi the Yakima 
Reservation ai d the sale and settlement of unallotted lands. This bill recognizes the 
Indian claim to the disputed territory, but it Drovides: "That where valid rights 
have been acquired prior to March 5. 1904, to lands within said trad by bona fide 
settlers or Purchasers under the public bmd laws, such rights shall no1 be abridged, 
and any claim of said Indians to these lands is hereby declared ti> be fully compen- 
sated for by the expenditure of money heretofore made for their benefll and in the 
construction of irrigation works on the Yakima Indian Reservation." This bill was 



THE CRIME AGAINST THE YAKIMAS. 



hard to put water on my reservation ; it is for themselves and not 
the Indians. They are making money out of Indian lands ; they care 
not for us. They never come to our homes to see how we are getting 
along; nor do they try to help us. They have built towns on my 
reservation and filled them with saloons. They are killing my people 
with whiskey. Our agent never comes among us, but reports to 
Washington that we have houses like the white man, and are doing 
well. This is not so. Some Indians get little rent money, and build 
house same as chicken house. You have been in my home ; you have 
slept on my blanket. I want you to tell how poor I am, how little 
I have in my house." 

The unerring sagacity of this untutored chieftain in reading the 
hidden motives of his professed friends is well attested by the 

Cloven Hoof 
betrayed in the following which until this writing, was known onlj 



gum-shoed through Congress without the knowledge or consent of the Yakimas; as 
attested in a letter of protest from Chief Weyallup Wayacika to Indian Commissioner 
Leupp. Nov. 10. 1905. and the Commissioner's reply thereto fourteen days later. 

The money expended in "irrigation works" or other improvements on the Yakima 
Reservation prior t" tin- passage of the Jones bill in question, was from the Annual 
Indian Appropriation bill, and was non re-imbursable; and to charge the Indians up 
with it was a gross repudiation. The Yakimas have never understood this "settle- 
ment" (?) but thev realize that the white man has settled within their Reservation 
and that the Government has played them false. They bitterly resent this injustice 
and I have heard the topic warmly discussed in the tribal councils. It has ever been 
a barrier to the success of the Wapato Project. 

On October 6, 1909, the Indian Council wired Indian Commissioner Valentine: 

"Council Yakimas now in session regarding water rights. They desire to know 
whether boundary matter in Cedar Valley has been settled; if so, what amount al- 
lowed Indians therefor." * * * 

The Commissioner wired reply: 

..* * * claim of Indians to tract of land in Cedar Valley was recognized by Act 
of Congress, December twenty-one, nineteen four." * * * 

This message did not contain the information most desired. The crime of repudi- 
ation wherebv the lands settled by the whites were "declared to be fully compen- 
sated for," was studiously kept in the background. The "Indian factor" had been 
"eliminated" and was not to be considered. 

The following "ultimatum" reveals to what pitch of excitement the tribesmen 
were wrought by this flagrant violation of their vested treaty rights: 

"Yakima Reservation, Council of Yakimas, Nov. 2d. 1909. 
"To the Honorable Secretary of the Interior. Mr. Ballinger, Washington. D. C: 

"Dear Sir: We, the undersigned, have this day above dated, considered a long- 
standing question relative to the Cedar Valley country which has been settled up by 
the whites and for which the United States has not at any time in our recollection 
treated with our Fathers or with us — and which we have time and again asked the 
United States to restore to us again as an integral part of our Reservation. We do 
hereby demand an indemnity for all moneys paid the United States in money for 
land entered by settlers in the Cedar Valley country, and as it seems there is no 
prospect of the country being vacated by such settlers by the United States. 

"We also demand the absolute right to control our own Reservation and as we are 
aware of the fact that our Reservation is an Indian country, set aside by our fore- 
fathers by virtue of their own right of choice before they ceded the country around it 
to the United States as an everlasting inheritance, our Reservation is not to be rated 
as a Government Reservation. 

"We also by unanimous voice set aside all right of the government to set aside a 
small strip of our own country for grazing commons or pasture. We have an abso- 
lute right to set aside any area of country for such purposes the trflct containing 
two townships for grazing land as set aside for us is not recognized as we have 
stock which cannot subsist on same. We. therefore, take this means to inform your 
office of our position in the matter — and until this matter is settled satisfactorily we 
c.in not enter other questions now pending. 

"Very respectfully." 

(Signed by Charley Wesley, acting head chief; Louis Mann. Secretary of Council, 
and 14 other prominent Indians.) 

See Note 9. this volume, for the original petition of the Yakimas concerning 
tribal stuck range. 

The Wenatehee scandal, referred tn by Chief Voom-tee-bee. is too great an 
intrigue for the scope of this work. 



THE CRIME AGAINST THE YAKIMAS. 



23 



to the Indian Department and the cohorts of the Reclamation Ser- 
vice. 

"Toppenish, Washington, May 27. 1909. 

"Honorable W. L. Jones, 

Washington, D. C. 
"My Dear Jones: 

'T presume that you are busy with the tariff, but there is a matter of 
serious importance which has arisen here. The Reclamation Service are going to 
take the surveying crews away from the Reservation in a very short time now, 
unless something definite can be ascertained from the Indian Department. I under- 
stand that about $30,000 has been expended in these surveys and the project is in 
good shape to go ahead, but the Indian Department has not reported any progress 
in the matter of securing consent of the Indians. 

"As you know, the Yakima Reservation presents an ideal situation for getting 
water on the land quickly and cheaply. Not a flume or syphon and scarcely a cut 
or fill on the entire project. Most of the land is reasonably near railroad, and 
would immediately be used for making homes. * * * 




A SUMMER HOUSE OF THE YAKIMAS. 

Satus River Canyon. Yakima Indian Reservation. 1906. 

(Copyrighted by the Author.) 

"Mr. Roblin. who was lease clerk at Fort Simeoe for a number of years, came 
here about last February, as | remember, and stated that his mission here was to 
get the consent of the Indians to water their lands and sell sixty acres of each 
eighty-acre tract. He staled to me that he would be here three months tor work 
on this plan. * * * I suggested to him a plan. It was as follows: Attorney 
Williamson (See Note 8) represented that the Reclamation Service did not like to 
have the Indians hold twenty acres out of each allotment as. in their opinion, it 

would greatly injure the project, that is. white ] pie would not want to buy sixty 

acres out of each eighty-acre tract, leaving the Indian family in possession of the 
other twenty acres, and he thought that it would lie a very much better plan if 

the Indians could be segregated on some other secti »f the Reservation and 

allow them to sell the full eighty acres of each allotment. His idea was that new 



NOTE 8. — Mr. Ralph B. Williamson, local attorney for the Reclamation Service. 



•24 



THE CRIME AGAINST THE VAK1.MAS. 



allotments might be made to the Indians, either in the mountains, or upper valleys 
or on the Satus where the Indians could go and raise stock and do their farming 
together. * * * 

'"Yours, 

'•H. M. GILBERT." 

The stench of this unearthing is nauseating to the nostrils of com- 
mon decency. None knew better than the Reclamation people and 
Mr. Gilbert that the lands in the mountains or upper valleys are 
unfit for farming purposes ; that the bleak, barren Cascades where 




SCENE ON THE SATUS RIVER. 1906. 
River flows through Canyon in the foreground. (Mary Remy, Photo.) 

frost and snow holds revelry seven months in the year, was seriously 
contemplated as the Last Segregation and Final Grave of the help- 
less Yakima is appalling. It is well that this hellishly inhuman 
plot was kept from the ears of the home loving and excitable tribes- 
men. 

Soon after the Simcoe Council, I was called to West Virginia by 
the fatal illness of my aged father, and I know but little of the im- 
mediate subsequent events. The questionable methods pursued by 
the promoters of the Wapato Canal had engendered much bitter 
feeling among the Indians. Chief Yoom-tee-bee, the recognized 
leader of the hostiles, could not understand why the whites were per- 
mitted to swarm into the reservation, which was "given to us for all 
time." Their agency affairs were handled very unsatisfactorily, and 



THE CRIME AGAINST THE YAKIMAS. 



25 




TOM-MAN-CHA-TAH-NEE'. KOHPT. 

(Falls of the Fish Trap.) 

Satus River Canyon. 1906. (Remy.) 

their several petitions for redress of grievances elicited only vague 
promises, or were wholly ignored. The agency inspections were far- 
eial ; conducted secretly from the Indians, who were not permitted 
the opportunity to recite their wrongs. This blind business excited 
them. The Yakima were only dogs. Wild rumors were current that 
the reservation was to be thrown open, their lands sold or taken 
from them, and the streams confiscated by the Reclamation Service. 
Cattle thieves operated with impunity, and bootleggers plied their 
nefarious trade. (See Note 9.) 

One morning in 1908, while riding with Chief Yoom-tee-bee in the 
upper part of the Reservation, he dwelt long upon the wrongs suf- 
fered by his people through the greed of the white man. Tie spoke of 
their treaty rights of 1855, and said, "Long time ago this government 



NOTE 9. — In their petition to Secretary Ballinger, August 24. 1909. the Yakimas 
pray: 

"Eighth — That owing' to the fact that we are constant losers from thieving stock- 
men, we are deterred from engaging in extensive stock-raising, no outside grazing 
permits shall he granted within the houndaries of the Yakima Reservation settle- 
ments, and that a sufficient range in the foothills lie reserved for our exclusive use. 

"Ninth — We implore protection from boot-leggers and demand the removal of all 
saloons from the Reservation." 

This was the second time within the year that the Yakimas had asked depart- 
mental relief from the depredations of cattle thieves. Mr. Ballinger agreed with the 
Indian Council that he would set aside a pasture range for their exclusive use, and 
did so: but the boundary proved so inadequate and worthless, that the tribe refused 
to recognize its validity. (Refer to Note 7. this volume.) 

The Secretary regarded the Reservation saloons and boot-leggers nf such trilling 
moment that he wholly ignored this part of the netition. The first is a "necessary" 
adjunct to the building and development of the Reservation towns, while the last is 
a "Good Indian" making auxiliary, to he endured. 



26 



THE CHIME AGAINST THE YAKIMAS. 



and Gov. Stevens made treaty and took all our land but this reser- 
vation. This, Gov. Stevens said, should he ours as long as the sun 
shines and the water flows ; and no white man would be allowed to- 
live on our reservation." Ascending a slight emienee where the 
vision was unobstructed, 
he pointed tragically to 
the east, where in the 
distance could be seen 
the fringe of settlements 
marking the irrigated 
district, and exclaimed, 
"You see there the 
houses of the white man. 
They are built on the 
land of my people. The 
Government has lied ; the 
white man is fast owning 
our lands. If the Gov- 
ernment must have my 
reservation, I will sell all 
under the ditch and keep 
all on this side. No white 
man must come here. 
The good Indians will 
move up here, and we 
will keep out all saloons. 
By and by the drunk In- 
dians will all die, and 
there will be no more 
trouble." 

The Soda Springs, lo- 
cated a short distance 
from the agency, be- 
cause of their medicinal 
properties have always 

been a favorite resort of the Indians, especially the aged and infirm. 
This sylvan retreat had been practically usurped by the whites until 
no Indian could camp there with any degree of satisfaction. 

A Tribal Council. 

At a tribal council, July 1, 1910, Chief Waters stated that the Su- 
perintendent had on three different occasions insisted that these 
springs with their forty-acre reserve be sold. The Chief objected. 
"We cannot," said he, "dispose of this to the whites. We have young 




REV. STWIRE G. WATERS. 
Ordained Minister M. E. Church, 1871. 
Elected Head Chief of the Yakimas 

March 22. 1910. 
"I have been praying that the Lord 
would send a good man to help us." 



THE CRIME AGAINST THE YAKI.MAS. 



27 




"JIM" MENINOCK (Meninokt). 

Son of Chief Meninock. signer of 

Treaty, 1855. 



people capable of improving these 
springs." The chief continued, "I 
found a log house built at these 
springs and asked Mr. Young to 
have it destroyed, but he gave me 
no satisfactory answer." 

Louis Sinister, an aged tribesman, 
said: "This world is the work of 
Me-yah-wah (God). Of course this 
God is above us and has great pow- 
er. He hears us talk and knows if 
we are speaking the truth or telling 
lies. We rely on you to send a full 
report to the Department for us. 
We feel glad over this. When the 
whites were few our fathers gave 
them land. Today I see those few 
white people grown strong and 
prosperous. For them I am glad. 
I feel well towards all, but I grieve 
to see my people broken and scat- 
tered by those whom we befriended. 
I, a red man, am in poverty and not 
prosperous. The government gave 
us breeches and blankets, but they are faded and gone. We do not 
ask that these be replaced. We want only our own and the right 
to live." 

Judge Simpson then said: "I will tell in a few words what I 
know. The Agent seems to look upon us as ignorant children. He 
is telling us that our lands will be bought, and is asking us to sell. 
We are ignorant and do not know, but he is always telling us this. 
I corroborate what Chief Waters says concerning the reserve. We 
do not want to sell any of it. Our older people reserved this for 
us and Ave want to reside here. We want to keep it for our chil- 
dren. The government in a treaty with our fathers made witnesses 
of the sun, the mountains and the rivers that so long as these re- 
main should this Reservation be for them and their children. 

' ' The sun has not grown dim ; the mountains have not moved ; the 
rivers still flow; but our Reservation has changed and is slipping 
from us. 

"Another question put up to us is the water. These creeks flow- 
ing through our Reservation are ours. They belong to us ; also the 
Yakima River. I claim half of it under our treaty rights. It is 
ours. ' ' 

Chief Saluskin, whose primitive training precludes the ide;i of 
double dealing, lamented, "My father was once Chief of all Ihis 
country, and our tribe was strong. * * * * T now see the whites 
growing rich from our lands while my tribe is going down in pov- 



28 



THE CRIME AGAINST THE YAKIMAS. 




SOCIAL DANCE OF THE YAKIMA. 
(Woodfleld, 1911.) 

erty and dying from whiskey and disease. We want you to help 
us. * * If we sell our land, we will have no place to go. We 

cannot live among the whites." 

Distrust rent their own ranks. Among the various leaders of the 
fourteen Confederated Tribes which comprise the Yakima, is the 
ever haunting fear of treachery. They were, however, practically 
united on one score. They would not exchange their allotments for 
the water which was theirs by the treaty of 1855. The Jones Bill 
was brigandage of the purest type. In the early stages of the 
trouble, mutterings and acrid denunciations of the "powers that be" 
were heard by one in close sympathy with a certain prominent 
chieftain. There loomed above the eastern slopes of the mighty 
Cascades, a cloud as dark and ominous as the shadow of death. A 




WAR DANCE OF THE YAKIMA. 1911. 
(Copyrighted by the Author.j, 



THE CRIME AGAINST THE VAKI.MAS. 



29 



few desperate spirits conceived the idea of self-sacrifice For what 
they believed to be the good of the tribe. They would create a 
status which would so arouse the public as to force an investigation 
of their tribal condition. Secrel councils were held; "medicine" 
was made, and the whites will never know by what mere chance an 
actual uprising was avoided. The band fully realized what the war- 
path meant; that they would be hunted and shot or hanged as out- 
laws. The motive, right or wrong, was patriotism, born of despair. 
In the death of Chief Yoom-tee-hee. March 10, 1910, the Vakimas 
lost their strongest leader and the Reclamation Service was rid of 
a determined foe. 

The work of securing signatures was continued under somewhat 
modified tactics; "strays" were occasionally caught, and the list 







■»■».,«** 
^g^ 






YAKIMA INDIAN HUNTERS IN CAMP. 1912. 

Story Telling while the Venison Broils. 

(Copyrighted by the Author. ) 

of "progressives" added to in various ways. The Indians aver that 
some of them were induced to sign, believing that it was for the 
purpose of opening a public road ; others, that they Avere signing for 
rent money. But despite this despicable double dealing, ultimate 
success seemed far distant. The Yakimas as a whole were deter- 
mined. The most sanguine promoters were discouraged. The Wapato 
Canal was likely to prove only a chimera. Something must be done, 
and the 

Last Desperate Card Was Played. 

There are on the Reservation many very capable Indians, who 
feel that they should be permitted to transact their own private 
affairs, so far as their individual allotments are concerned, inde- 
pendent of government supervision. This longing for semi-liberty 



30 



THE CRIME AGAINST THE YAKIMAS. 



was now to be taken advantage of in an attempt to further the in- 
terests of the Reclamation Service. 

In March, 1911, the following letter was sent to two hundred and 
nine Indians. From a number of these letters in my possession, I 




THE INTERVIEW. 1911. 
(Copyrighted by Ovid T. McWhorter.) 

select the one received by Louis Mann, Corresponding Secretary of 
the Yakima Indian Council Fire, rancher, house carpenter and har- 
ness maker. 

"Department of the Interior, United States Indian Service. { 
"Yakima Agency, Fort Simcoe, Wash.. March 9, 1911. ( 
"Mr. Louis Maim. 

"North Yakima, Washington. 
"Dear Sir: 

"Last fall I submitted to the Indian Office for approval, a list con- 
taining the names of a number of the most intelligent, industrious and worthy 
Indians, recommending that they be given the privilege of leasing their own and 
minor children's allotments. Your name was on this list. 

"Recently the list was returned to me advising that no Indian allotte who had 
not signed a petition for the purchase of a water right under the proposed Wapatc 
Project would be considered competent and be granted authority to lease his or 
her land. As you have not signed such a petition, I write this to explain to you 
that I would be glad to resubmit your name to the Office, recommending you as 
one competent to lease your own land: but in order to do so, it will be necessary 
that you sign one of the water right petitions in question. If you do not thor- 
oughly understand the nature of these petitions. I would suggest that you call 
at- the Agency whenever convenient, when I will take pleasure in explaining it to 
you in detail. 

"Your early and favorable consideration in this matter will, in my opinion, be 
to your best interest. A blank is enclosed herewith for your use, if desired. 

"Very respectfully, 

"S. A. M. YOUNG, 
"Supt. & Spec. Disb. Agent." 
"P. S. — This only applies to lands within the boundary of said project." 

Among those who received this "bid" for the heritage of their 
intelligence, are Rev. Stwire G. Waters, an ordained minister of the 
Methodist Church, and Head Chief of the Yakimas; We-Yallup 
Wa-Ya, Ci-ka, clan chief of the Ahtanum and president of the Yak- 
ima Tribal Court: Tecumseh Yakatowit, recently elected head chief 



THE CRIME AGAINST THE YAKT.MAS. 



:;i 



by the Anti-brotherhood faction of the tribe 
man of education and 
prominence ; Mrs. Spen- 
cer, two daughters and 
one son, a private in the 
United States Army, were 
also complimented with 
this offer of a "Mess of 
Pottage." P. D. Holt, a 
successful merchant tail- 
or of North Yakima, a 
graduate of the Chema- 
wia Indian School, Ore- 
gon, 1897, holds a teaeh- 
?r's certificate in voice 
and music theory, Wil- 
lamette University, Ore- 
gon, 1898. Government 
Instructor in Tailoring, 
[ndian School, Santa Fe, 
New Mexico ; graduate of 
John J. Mitchell School of 
Garment Cutting, New 
York City, 1902. Harry 
Holt, accountant and 
bookkeeper. Mrs. Bessie 
Swartz, holding teacher's 
certificate, Eighth Grade 
Public Schools. 

Other Yakimas of 
marked business ability 
could be added to this list 
attempt at coercion 



Lancaster Spencer, a 




CHIEF WE-YAL-EUP WA-YA-CIKA. 

"I am not against the white man.'' 

(Copyrighted by the Author.) 



but suffice to say that this brilliant 
failed of its object. In a subsequent 
council at White Swan, Chief Waters justly demanded of Superin- 
tendent Young that he "Send no more such letters to my people." 
Mr. Young replied that he could not permit Mr. Waters to dictate 
to him; that the letters in question had been "sent out under 
instructions from the Indian Department." Louis Mann, the "Bad 
Injun of the Ahtanum," wrote me concerning this letter. "On 
great God's earth, I will never under any circumstances do this. If 
I was born dry, well let me go to hell as I am if I ever under any 
law sign away my little allotment." "It is a shame," he after- 
wards said, "that this government would try to bribe and black- 
mail us in this way. But the white man has no shame, lie is blind 
to all good and like a wolf is hungry for our little homes." 



THE CRIME AGAINST THE YAK I. MAS. 




It is hard to conceive 
that the Indian Depart- 
ment would resort to such 
questionable means in an 
attempt to achieve a cov- 
eted end. In this it 
steeped its shrine in the 
plunder-lust of the laud 
shark and soulless specu- 
lator. The smut of crime 
blackens the act. Is the 
poor recognition of the In- 
dians' capabilities a thing 
of barter to be had only 
at the price of the pre- 
rogative to think for 
himself? After the Yak- 
imas' experience with the 
promoters of the Wapato 
Project up to this time, 
would it be a mark of in- 
telligence had he accepted 
the proffered "trade"; 
and by so doing jeopard- 
ized his title to three- 
fourths of his allotment? 
Let him who is suffering 
from a preponderance of 
brains, cast the first stone 
at the "foolish" Yakima. 

In the face of the fore- 
going, it is interesting to note that Louis Mann, of his own volition, 
leased to Mr. Amos Morse, near White Swan, an inherited eighty 
acres, 1911 and 1912, for which he received $180.00 cash, per year, 
in advance. Under date November 11, 1911, Mr. Young served 

notice on Mr. Morse that 

'"Since the land has been used by you (hiring the past season without a Govern- 
ment lease, it becomes my duty to collect a reasonable rental for the use of it, 
and to take it up on the records as trespass money." 

The sum asked for is $180.00. Mr. Morse was also notified that 
he should take a government lease if he wanted the land for 1912, 
otherwise he would be expected to vacate by March 1, 1912. Later, 
in response to an inquiry, Mr. Young wrote me : 

"The rules and regulations governing the leasing of Indian lands strictly 
forbid the Indians to lease privately. We have a few competent Indians who are 
permitted to lease their own allotments without Departmental control. These leases, 
however, must be approved by me. and one copy furnished the Secretary of the 
Interior for file. Louis Mann is not one of the number granted this privilege. 
If Mr. Morse uses the allotments of Louis Mann and Lucy Mann during the sea 




LOUIS CHARLES MANN. 1912. 

('•Bad Injun of the Ahtanum.") 

"I am trying to live peaceably and abide 

by the white man's law." 



T1IK I'IM.MK ACAIXST TIIK VAKI.MAS. 



33 



son of 1912. without a government lease, this office will compel him, through the 
courts, if necessary, to pay trespass into this office." * * * 

The Trail of the Serpent 

Is still more patent in the following: 

"Departm snt of the Interior. Office of Indian Affairs. / 
"Washington, May 11. L912. ] 

".Mr. Louis Mann. 

■•North Yakima, Washington. 
"My Friend: The office has received your letter of January 29, 1912, saying 
that you were one of a number of Yakima Indians recommended as being compe- 
tent to lease their lands and those of their minor children without Departmental 
control, and that you do not understand why you have not been given this privi- 
lege. You add that you have leased your land and also that of your deceased wife 
for $180.00 cash in advance. 

"The Superintendent of the Yakima Agency submitted a list of Indians deemed 
competent to manage or lease their allotments without Departmental supervision 








— § 






3C.i.-X. 




THE HOME OF LOUIS MANN. "INCOMPETENT." 

Built by himself, 1912. 

"Ahk-a-nunk Why-am-mah." (See the Eagle.) 

(A snap shot. Copyrighted by the Author.) 

and your name was included therein. He was informed, however, that this privi- 
lege would not be given to any one who had not signed a petition for a water 
right under the Wapato Project. It appears that you have not signed such an 
agreement. Notwithstanding this fact, your name was presented to the Depart- 
ment for consideration in connection with the leasing privilege, and on May 2 
your request was denied by the Assistant Secretary. 

"The lease in question is illegal and void, and unless your renter enters into a 
legal lease he must vacate the land. 

"Respect fully, 

"C. F. HAl'Ki:. 
"Second Assistant Commissioner." 

For spurning the bribe of March 9, 1911, Louis Mann "is not 



34 TH E CRIME AGAINST THE YAKIMAS . 

one of the number." When speaking of this to me, this fair-minded 
tribesman said: "I have advised my people and not for one mil- 
lion dollars will I betray or sell them out." 

This coercive policy is in keeping with that wherein an allottee 
who applies for and receives a patent in fee for his land is com- 
pelled to sign for water under the Reclamation Service. A pur- 
chaser of deceased Indian lands is also forced to apply for water 
under the same conditions, without any limit as to the probable cost 
of such water, nor stipulated time of delivery. Such odious tyranny 
has served greatly to hold land values below par ; the Indian alone 
being the loser. 

The following tabulation shows the number of all classes signed 
for water prior to June 27, 1911 : 

Competents 132 

Minors on account of incompetent parents 57 

Incompetent adults 327 

Minors, competent parents 69 

Minors, orphans 11 

Deceased Indians 67 

All except those designated "competents" being signed by the 
Superintendent. 

White owners 160 

Total 726 

This represents about fifty per cent of the land affected, while 




WHE-ACH (Sweat House"). 

Yakima Indian Reservation, 1911. 

(Copyrighted by the Author.) 



only seventy-five per cent is required to make the Jones Bill effec- 
tive. Such, doubtless, was Hie policy defined Avhen two years pre- 



THE CRIME AfJATXST THE VAKIMAS. 



35 



vious the boast had been made to me that "Within five years the 
white man will have such control as to enable him to build the canal 
regardless of the Indians' consent"; and that "The government will 
build this canal whether the Indians want it or not." 

At a public meeting in Toppenish, April 5, 1911, Superintendent 
Young stated that the public was laboring under a misapprehension 
relative to the Wapato project; that the petitions then being pre- 
sented to the Indians provided for a water right, exclusive of sell- 
ing any part of the allotments watered. I asked for a copy, as I 
was to attend a tribal council the next day, and pledged that the 
Indians would sign such petition. It was not forthcoming. Subse- 
quently I repeated this request by letter, and received a duplicate 




A PRIMITIVE DWELLING. 

To-kosh (Deer horn) and Wife — Yakima Indian Reservation. 

(Photographed, Dec. 1911.) 

of the old petition, in previous use. Mr. Young in his letter of trans- 
mittal says : 

"I trust after reading this blank carefully and understanding it, that you will 
cease from further oppo'sing this project. We feel that your opposition lias been 
very material in hindering the progress of this work, and since it appears to be 
the result of a misunderstanding I hope that we can now depend upon your 
assistance." 

Astounded, and believing that Mr. Young had by mistake sent 
an obsolete copy, I renewed my request for the petition mentioned 
in his speech, pledging to "secure the consent of my tribe for the 
earliest possible commencement of the work." Result — an exact 
duplicate of the former copy. Despairing of ever being able to 
fathom the ways of the white man, I felt that perhaps after all the 



36 



THE CRIME AGAINST THE YAKLMAS. 



admonition of Chief Klah-toosh at the Fort Simcoe Council was not 

far fetched. 

In several instances the white purchasers of Indian lands have 
boldly usurped the water running in irrigating ditches built by 
Indians more than a quarter of a century ago. In 1910 and 1911 
Simon Goudy and others near White Swan suffered in this respect. 
Mr. Goudy lost his potato crops in consequence and when he 
reported conditions to Superintendent Young, that worthy refused 
to interfere. Louis Mann on the Ahtanum was a loser from the 
same cause. The Indian officials were either unable or unwilling 
to afford relief. On January 27, 1912, the affected allottees peti- 
tioned the Secretary of the Interior for protection, and notwith- 
standing an "investigation" was promised, the past season was a 
repetition of the two previous years — stolen water with even a Avider 
ruination of crops. The "Bad Injun" has declared his intentions 
for the future. "I am trying," he said, "to live peaceably and abide 
by the white man's laws. This ditch was built some forty years ago 
and by my people and it is ours. My wife and papooses must have 
food same as those of the white man. If the officials cannot pro- 




TYPICAL VAKI.MA INDIAN DWELLING. 1!U2. 

Home of Schna'-tupsh (Sna'-tups) Ka-lula, one of the last surviving 

warriors. Yakima War. 1855. 

(Copyrighted by the Author.) 

tect me in my rights, and my ditch is again killed, there is one Injun 
going on the war path. I will use my rifle." 

In 1911 the Reclamation Service collected .+4,200 storage water 
rentals at $1.00 per acre in excess of fifty cents per acre for canal 
maintenance. Early in August, 1912 the canal gates were shut 
down without any justification. Owing to the unusually heavy rains 
in the mountains and upper \ alley, the flow of water was more than 
normal and the white owners and lessees of Indian lands, claiming 



THE CRIME AGAINST THE YAKIMAS. 



37 



that there was no need for storage water, refused to accede to this 
demand for a "pound of flesh," but on the contrary began prepar- 
ations to test the legality of the action. To avert this storm and the 
exposures sure to follow, at the last moment the canal gates were 
raised and "free" water was sent by the Reclamation Service — and 
perhaps God — to gladden the hearts of both Indian and white 
rancher. 

The yearly canal maintenace fee must be paid by the middle of 
July on pain of forfeiture of water, which is just under ordinary 
conditions. Money due allottees from land rentals are withheld, while 
in many cases the Indian actually suffers in consequence, 
especially the aged and infirm. Mr. Apes Goudy, an industrious 
allottee," in 1912 had $2500.00 due him which was held by 
the Agency, and was refused $20.00 with which to pay his water 
rental. He saved his forty acres of growing alfalfa only by borrow- 
ing the money from a neighbor. 

Notwithstanding the Yakimas have timber valued at more than 
three million dollars, they are unable to make any use of it in building 
improvements. The sawmill erected by the government in accord- 
ance with treaty stipulations, was burned more than twenty years 




TYPICAL YAKIMA INDIAN BARN. 1912. 
(Copyrighted by the Author.) 

ago, under suspicious circumstances, as the Indians declare. Since 
that time the Indians have been compelled to purchase lumber from 
local dealers at an advanced price. The great majority of their 
dwellings comprise one or two single walled rooms, with a "lean to" 
kitchen; while their "barns" are cottonwood posts planted in the 
ground, roughly boarded or wattled with poles; thatched with wil- 
low brush and straw. They have vainly importuned the Indian 
office to have this saw mill repaired. Under date of April 26, 1909, 
in answer to an appeal from Louis Maim, Mr. Hauke wrote: "The 
sawmill is to be put into shape for operation at an early dale.*' This 
promise is now almost three years old and the "early date" is 



38 THE CRIME AGAINST THE YAKIMAS. 

still in the future. No attempt has been made towards restoring the 
mill. 

The Yakimas' complaint of unfair dealing covers practically every 
phase of the development of their reservation. Bitter feelings 
attended the adjustment of damages for the right-of-way for the 
Toppenish, Simcoe and Western Railroad. It is averred that many 
allottees unwittingly signed settlement papers, supposing that they 
were ' ' signing for lease money. ' ' It would appear from the affidavit 
of Pauline Pirns, March 1, 1911, that this is true. Others charge that 
coercive and intimidative methods were resorted to in securing sig- 
natures. Mr. Simon Goudy, a half-blood, and one of the 209 offered 
a "competency" tag in exchange for an autographic application for 
water under the Jones Bill, refused to accept the appraisement of 
$183.00 damages to his lands as returned by Supt. Young and a rep- 
resentative of the railroad company, and incurred divers troubles 
therefrom. It would appear from Mr. Goudy 's affidavit, Feb. 28, 
1911, that he wa.s first asked by Supt. Young to donate the right-of- 
way in question, and that afterwards when he refused the appraised 
valuation, Mr. Young sent, on three different occasions, Indian 
policemen to forcibly bring Mr. Goudy to the Agency for the pur- 
pose of compelling him to sign the right-of-way papers. These 
measures failed and the case was referred to a board of appraisers 
for adjustment and in due time Mr. Goudy Avas notified by Mr. 
Young that the damages had been re-assessed at $381.25. This Mr. 
Goudy agreed to accept, but when he called at the Agency for the 
money, he was informed that $20.00 of the amount must go to the 
appraisers. Mr. Goudy refused settlement and the transaction was 
not closed until several months later, when, at my instance, it was 
brought to the notice of the Indian Department so forcibly that the 
full amount was ordered paid. The coercive measures pursued by 
Mr. Young in the premises are verified by a verbal statement from 
the captain of police, which accompanied the said affidavits in 
charges preferred against Mr. Young, signed by Louis Mann and 
the writer, March 2, 1911. These charges lay hidden in the office 
of the Board of Indian Commissioner until February, 1912, when 
through the efforts of Senator Miles Poindexter the Indian Depart- 
ment was forced to take notice of the petition. (See Note 10.) 



NOTE 10 — "Ahtanum Res., Wash., but my postofflce address North Yakima, 
Wash., Jan. 20th, 1912. 

"Miles Poindexter: My kind and welcome friend, I was reading- yours to L. V. 
McWhorter in relative to Toppenish and Simcoe Western Railw r ay Co.. and the 
charges to [against] Supt. S. A. M. Young - , making the poor redskins to sign without 
their understanding what they sign for and it is a shameful deed for any person to do 
such husiness. * * * hut df course he will he well guarded by his friends at 
Washington. D. C„ at the headquarters in the office, and what can a poor lo Indian 
do when the reports are made against him. 

"I am not mad at Supt. S. A. M. Young: he is my good friend in person; but as 
the poor Indians make complainl against him about their moneys the proceed de- 
rived from the sales of the inherited lands he holds the moneys and the poor 
Indians call for their moneys, but he refuse to give them only as he damn please, 
and in my opinion as I study all of these things doings of the law of United States 
it is a guild Political Schemes. I think this is a good Grafting policy but lo a poor 
Indian he sells his inherited holdings and then wants money hut is held down and 
it seems to me it is merely good Speculation to do away with Indian Country hut 
us poor Indians we 'I" not know anil my wish to you is for aid. I wish all of these 



THE CRIME AGAINST THE YAKIMAS. 



39 



On this score, Mr. Hauke, the Second Assistant Indian Commission- 
er, under date February 24, 1912, wrote Mr. Poindexter : 

"In regard to the charges of coercion, the Superintendent in a report dated Jan- 
uary 19, 1911, says: 

"'In conclusion, I wish to say that no Indian has ever been forced or unduly 
urged to sign any paper under my jurisdiction, and all Indians connected with 
right-of-way damages have been fully advised as to their rights. Moreover, these 
Indians know their rights too well to be forced into signing what they do not 
wish to sign, even were I inclined to force them.'" 

This bare statement by the Superintendent has recognized prepond- 
erance over any affidavits or evidence produced by the Indians, and 
no investigation of the charges preferred against the Superintendent 
in the premises was made. However, he has been removed to fresh 
pastures.- 

During this time Mr. 
Goudy had trouble with 
the railroad construction 
gang. He justly refused 
admission to his premises 
until his claim for dam- 
ages was settled. One 
evening representatives of 
the company informed 
him: "We will come and 
pull down that fence to- 
morrow." "I don't think: 
you will ; I will be there, ' ' 
was the quiet reply. At 
the appointed time a fore- 
man of construction ap- 
peared with the ostensible 
purpose of carrying out 
the threat of the previous 
evening; but when he 
found Mr. Goudy, a com- 
mittee of one, on recep- 
tion wuth a Winchester, 
he hesitated. For a mo- 
ment he stood viewing the 
grim, silent Indian, then 
became suddenly con- 
scious that he was not liv- 
ing up to the "golden 
rule," as edging away he 
said in a conciliative voice, "I was sent here to take down your fence, 
but I am not going to do it. I don't think it would be right." 




SIMON GOUDY. 1912. 

'I don't think you will; I will be there." 

(Copyrighted b? the Author.) 



evils be remedied by the honest men in the Senate. I am a full blood Indian Yakima 
and I very much thank you for them book you sent me; it give me whole lot to go 
by and I wish your kindness to answer me. I like all the honest white people. And 
I am yours ever most Truly friend, LOI'IS MANN*.'' 



40 



THE CRIME AC4AINST THE YAKIMAS. 



The Jones Road Bill. 

In pursuance of a petition from the Commercial Club of Wapato, 
a Reservation town, and other valley towns, Senator W. L. Jones, 
under date of January 13, 1911, introduced in the United States Sen- 
ate an amendment to the Current Indian Approbation Bill : 

"For the construction and improvement of wagon roads on the Yakima Indian 
Reservation, one hundred thousand dollars to be reimbursable out of the proceeds 
from sales of surplus lands of said reservation." 

In a communication to the writer, April 28, 1911, Mr. Hauke is free 
to sanction this measure, stating reasons why the office believes that 
the appropriation will benefit the Indians. His argument betrays a 
lack of knowledge of conditions 
on the Reservation. Owing to the 
common interests of the Indians 
and whites, and the diversified in- 
terests of the many allottees, no 
adecpiate justice to the Yakimas 
as a. tribe could come in the pass- 
age of this bill and the Indians 
were greatly incensed. It was 
''another scheme of the white 
man to steal our money." 

Under date February 27, 1911, 
the Commercial Club of Toppenish 
petitioned the Secretary of the 
Interior, urging the commence- 
ment of the Wapato Project, stat- 
ing that "the Indians have ex- 
pressed themselves and are ready 
and anxious for the work to pro- 
ceed." This petition is volumi- 
nous and dwells on the import- 
ance of immediate action in order 
to avoid litigation, citing that the 
shortage of water for irrigation 
purposes the previous season had 
caused a fund to be raised and an 
attorney employed to bring suit 
in the name of the Indians for 
their water rights. "Active plead- 
ings by interested property owners alone averted" this long dreaded 
litigation, which would have a tendency to depreciate land values 
throughout the valley. The petition emphasizes that the Indian be 
permitted to sell some part of his holdings; and repeats the same old 
gag that the "white home owners would wield a splendid influence 
over their Indian neighbors." 

The road bill in question was presented without consulting the 




MRS. JOSEPHINE AUGl'STUS YEM- 

OWAT. (1912) 
The last surviving- child of Tee-ias 
(Tee-ya-yash) Peace Chief of the Yak- 
imas. 1S55. 
(Copyrighted by the Author.) 



THE CRIME AGAINST THE YAKIMAS. 



41 



Yakimas, nor were they aware of this new move to relieve them of 
their tribal wealth, until I received a copy of the bill from Washing- 
ton. A council of the tribe was immediately called, and a hurried 
counter-petition signed by fifty-three Indians, was forwarded to the 
Commissioner of Indian Affairs. Superintendent Young had pre- 
viously committed himself not to oppose this 

Swing of the Big Commercial Stick. 

He was tied so far as the interests of his wards were concerned. 

April 6, 1911, the Yaki- 
mas, at my instance, as- 
sembled in Council and 
forwarded a petition to 
the Indian Office, asking 
for the construction of the 
Wapato Canal by the In- 
dian Department, and 
briefly outlined a plan by 
which they think the work 
can be done. Tribal funds 
are to be used, but no part 
of any allotment watered 
is to be taken for any cost 
of the canal , but if any 
allottee benefited has not 
tribal or individual money 
to cover costs, the pro- 
ducts or rental of the al- 
lotment so watered is 
pledged for such cost. 
They are not to pay for 
any storage dams. The 
petition also provides that 
the $100,000 called for for 
road building, is to be 
used in the construction 
of the canal. 

Owing to the strong 
protest by the Indians and 
the publicity therefrom, 
the road bill never 
reached the floor of the 
Senate. It remains to be 
seen what disposition was 
made of their petition for 
the Wapato canal. 

Under date of June 10, 

1911, Mr. Hauke, in replv r „ . T ™ ' A , ,I I V 1 

, , i . . . ^ J Christianized Flora. 

TO TniS petition, wrote me: Six-months-old Xakima, 1911. 

(Copyrighted by the Author.) 




42 



THE CRIME AGAINST THE YAKIMAS. 



"The matter of securing funds for continuing the Wapato Project is now before 
the proper officials for consideration. As soon as all reports in the matter are 
received, the Office will be in a position to outline a program for the future irri- 
gation of the Yakima Reservation." 

In September, 1911, 
Hon. Walter F. Fisher, 
Secretary of the Interior, 
accompanied by Senator 
"W. L. Jones, met the Yak- 
imas in council at Toppen- 
ish for the ostensible pur- 
pose of hearing their side 
of the water rights ques- 
tion. I was then absent 
from the state, but Mr. 
Fisher was handed a writ- 
ten statement, signed by 
myself and William Char- 
ley, that : " We have proof 
that deception has been 
practiced in securing sig- 
natures of the Yakimas 
for water rights under 
the Wapato Canal." 

But, of course, such a 
charge emanating from 
"two mere Indians'" couid 
not be considered. I am 
creditably informed that 
apparently the Secretary 
was possessed of all de- 
sired facts in the case and 
was ill disposed to hear 
any complaint from the 
Indians. The meeting 
proved one of mere form ; 
the policy of irrigation 
for the Eeservation had 
been previously deter- 
mined. 




HANNAH. 
Three Years Old; Yakima (1911). 
'.Copyrighted by the Author.) 



Suppressing- a Just Measure. 
On February 22, 1912, Hon. J. H. Stephens, Chairman of the House 
Committee on Indian Affairs, in the interests of the Yakimas and the 
Pi mas, who are similarly situated, introduced in the House H. J. Res- 
olution No. 250 : 

"Providing lor institution of suits by Hie Attorney General to determine and 
adjudicate the rights of the Pima Indians to the use of the waters of the Gila 



THE CRIME AGAINST THE YAKIMAS. 43 



river and its tributaries in Arizona and New Mexico for irrigation purposes, and to 
determine and adjudicate the rights of the Yakima Indians to the use of water for 
irrigation of Ahtanum creek and the Yakima river and its tributaries in the State 
of Washington, and for other purposes." 

This resolution was referred to the Committee on Indian Affairs and 
ordered printed. It was then sent to Secretary Fisher for approval, 
who held it in abeyance. 

The Jones Storage Water Bill. 
In the meantime other measures touching the vital interests of the 
Yakimas were on foot. On May 2, 1912, Senator Jones introduced in 
the Senate S. Bill No. 6693, appropriating $1,600,000 

"For the purpose of constructing storage reservoirs to impound flood waters of 
the Yakima river to provide one thousand five hundred cubic feet of water per 
second of time at the Reservation gates for the irrigation of one hundred and twen- 
ty thousand acres, more or less, on the Yakima Indian Reservation * * * to 
be expended in said works by the Reclamation Service." 

While this appropriation is not reimbursable from the Yakima 
tribal fund (which for the fiscal year 1912 was $35.11), the import of 
the bill is to destroy the riparian rights of the Indian and the appro- 
priation of 1000 cubic feet by Agent Lynch, and to clinch forever the 
Reclamation's hold on the Reservation. There is, however, a provis- 
ion wherein "to the extent of thirty-two thousand acres, estimated 
to be necessary for the support of Indians allotted within the pro- 
ject, for which a water supply of four hundred cubic feet per second 
of time is required, shall receive water free of any and all cost of 
said storage works. ' ' 

This estimate is based upon the computation of four hundred In- 
dian families within the radius of the proposed irrigation system, 
with four members to the family, or 1,600 all told. This is "free 
water" for twenty acres for each Indian, and all the other land must 
remain dry, or pay for water at whatever price the Reclamation Serv- 
ice is pleased to impose. Seemingly, Mr. Jones and the "system" 
could not get away from the twenty-acre conspiracy of March 6, 1906. 
How unfortunate that the government was not possessed of this "dis- 
criminating talent" in determining the actual "needs" of the Yaki- 
mas, when the original allotments were made in 1894. 

The bill was passed upon by the Committee on Indian Affairs, and 
referred to Secretary Fisher for approval. Mr. Fisher in his recom- 
mendations on this bill to the committee, June 13, 1912, after review- 
ing the water situation in the Yakima valley, and the limitation in 
1905 of the Reservation waters to 147 cubic feet, says: 

"After careful consideration I am of opinion that this limitation was too nar- 
row, and that equitably there should have been reserved to the indians by author- 
ity of the treaty * * * a sufficient How of water to irrigate an area of land 
large enough to furnish each Indian family with a farm adequate for its support. 
Such a farm would be practically worthless in an arid country without sufficient 
water to irrigate it." 

He further states that any attempt to recognize the Indians' claim 
to the low water flow in excess of 147 cubic feet will result in con- 



44 THE CRIME AGAINST THE YAKIMAS. 

fusion and litigation ; hence the needs of the Indians should be sup- 
plied by storage free of cost, "which is the purpose of the pending 
bill." 

Mr. Fisher recommends that the appropriation carry $1,800,000, 
and that "the bill should provide that the Secretary of the Interior 
shall designate the particular 32,000 acres that are to receive water 
without construction charge for storage." 

When it is remembered that 32,000 acres within the Wapato canal 
zone are now under irrigation, of which 24,000 acres belong to allot- 
tees, and is, in any event justly entitled to water under the laws of 
appropriation and usage; this munificent gift of "free storage water" 
becomes so luminous as to be almost indiscernable. 

There is no provision for the distributing system and drainage sys- 
tem contingent to the Wapato Project, but the bill stipulates that 
these are to be paid for on "such terms as may be fixed by the Sec- 
retary of the Interior." 

Simultaneous with his report on the Jones bill, Mr. Fisher paid his 
long delayed respects to Mr. Stephens' Joint Resolution No. 250. 




YAKIMA TRIBAL WEDDING SCENE. 1011. 

Bridal Party Arriving with Gifts. 

(Copyrighted by the Author.) 

While admitting that under the treaty of 1855 the Yakima Reserva- 
tion is riparian to the Yakima river, he attacks this resolution ; con- 
tending that the limitations and settlements of the Yakimas' right to 
water for irrigation by the government in 1905 was done authori- 
tatively and 

"Upon tlic faith of this limitation ami these agreements large sums of public 

and private money have 1 n expended in irrigation and irrigation works which 

would he greatly jeopardized if the said limitation is successfully attacked. 

"It is believed," lie continues, "that the Secretary, as an incident to his admin- 
istrative power over the Indians and the public lands reserved for them, may fix 
the maximum quantity of water necessary for the use of the Indians and which 
should lie equitably reserved for their future use. and may authorize appropriation 
by others of the unused How in excess of that maximum. Such limitations of (lie 
amount of water reserved fur future use by the Indians without present beneficial 
use have been made in the past and I am of the opinion that flic power to make 
them exists. * * * 

"I am of the opinion thai the institution of any proceedings which would deny 
the legal hasis of the Department's action in limiting the Indian water rights or 



THE CRIME AGAINST THE YAKIMAS. 



45 



would deny authority in any Secretary to make reasonable limitations of this 
character would be contrary to public interests. Upon the contrary, Congress 
should set at rest all doubt as to such authority in all cases subject to Congres- 
sional action by passing an act expressly conferring such authority upon the 
Secretary." 

The Secretary also acknowledges the inadequacy of the water set 
aside in 1905 for the Yakimas ; but argues that the deficiency "should 
be supplied by storage at public expense," and that "Senator Jones 
has introduced a bill for that purpose." 

Here is an anomaly, grave, yet ludicrous. Mr. Fisher, after twice 
conceding the injustice of Secretary Hitchcock's ruling, sedately re- 
quests that "Congress set at rest all doubt as to such authority." Is 
it possible that this Secre- 
tary, with his anti-Indian 
proclivities, deems his 
mythical "sop" of free 
storage for thirty-two 
thousand acres an evi- 
dence of infallible justice 
in the present depart- 
mental control of the na- 
tion's wards, and that the 
precedent he thus estab- 
lishes will govern the ac- 
tions of his successors? 
If "gall" is a requisite to 
office tenure, surely is 
Secretary Fisher entitled tah'-ya-tosh. Ancient Grave. 

+ i'i! , Yakima Indian Reservation. 1912. 

TO a Hie term. (Copyrighted by the Author.) 

From a letter written by Indian Commissioner Robert G. Valentine 
to the Secretary of the Interior, March 15, 1912, it would appear that 
the Indian Office has changed base and will contend for enough free 
water to irrigate all the Yakima Indian lands; and that the distribut- 
ing system be constructed 
under the supervision of 
the Indian Department, 
which is compatible with 
the Yakimas' petition of 
April 6, 1911. 

Pending the Jones bill 
and the suppression of 
Stephens' H. J. Resolu- 
tion, the Yakimas were 
not wholly idle. Wild 
Eye, the Fleet Footed, 
again hit the night trail, 
but owing to the unfor- 
tunate discord among the 
clans of the tribe, caused 
by that fake organization, *4 H, -* A sF os £- AnH i >nt ^ave. 

Yakima Indian Reservation. 1912. 
(Braden.) 





46 THE CRIME AGAINST THE YAKIMAS. 

' ' The Brotherhood of North American Indians, ' ' 

which was launched by a few mercenary "clam lawyers" during the 
winter of 1911-12, the Indians could not be united in a general coun- 
cil. The "Brotherhood" following was lured to false security and 
blinded by the extravagant promises of their "Great Sachem," Rich- 
ard C. Adams, notorious in the late McMurry Oklahoma Indian con- 
tracts scandal, who, they declared, "will look after our interests and 
is pledged to kill the Jones bill as soon as it is brought up." This 
promise was a trap. The "Great Sachem" played traitor. It is 
alleged that he refused to protest against the Jones bill. If it passed, 
he held contracts from the Yakimas and would "enter suit to recover 
damages on percentage." 

The Jones bill was incorporated in the general Indian Appropria- 
tion bill and as Senator Curtis of Kansas, member of committee on 
Indian Affairs, had declared his intention to oppose new legislation 
on the Indian Appropriation Bill, to him, in the absence of Tecumseh, 
Yakatowit, head chief of the anti-brotherhood faction, on June 2, 
1912, Louis Mann, as Corresponding Secretary of the Yakima Indian 
Council, and Clan Chief We-yallup Wayacika, as Chief Judge of the 
Tribal Court, in the name of their tribe wired a remonstrance against 
the Jones bill. They also urged "Pass House Resolution 250 and set- 
tle dispute forever." 

This was followed by a letter, giving a brief summary of their 

wrongs : 

"In the name of our Tribe of Yakima Indians," they said, "we protest against 
Senate Bill 6693. It is grossly unjust, depriving us of water rights which are 
ours by all that is equity between man and man. * * * 

"In 1906 Secretary Hitchcock divide water in Yakima River and give us 147 cubic 
feet and give Sunnyside Canal 650 feet, leaving several miles of our new ditch dry; 
and not enough to water good the 30,000 acres watered by our ditches. 

"We ask if this is right ? 

"Our riparian rights are older than those of the white man. This Reservation 
we were permitted to hold when the Government took all our other land. Water 
is life and belongs to the earth. Our land is poor without water. The Govern- 
ment has set still and let our water be stolen, and now the Reclamation Service 
cinch us tight if Jones Bill 6693 becomes law. The Reclamation Service talk 
two ways; it said water under Tieton Project only cost $60.00 or $63.00 acre, but 
it cost $93.00 acre. * * * White man is better farmer than Indian. Indian 
only understands horses and cattle. Reclamation (Sendee) make high cost water: 
high cost drainage; Indian cannot pay and land be sold from him. This is what 
white man want. * * * 

"On Ahtanum River divide of our Reservation where white man have most 
land, the Secretary of Interior gives three-fourths of water to white man. Now 
when red man have most land to water, he gives nearly all water to white man. 
This was done and we could not help ourselves. We want only what is right. 
God wants the white man and the red man to live in peace. We try hard to do 
right and obey the white man's laws. We want you to help us. * * 

"We want you to stop Jones Bill and make law the Resolution 250. Then 
Atty. General will settle all justly. If this is not done we are bringing suit in 
U. S. Court to settle our water rights. We want the white man to be honest 
and treat us right. Our words are done." (See Note 11.) 



NOTE 11. — This protest is set forth in "Memorial of the Yakima Tribe of Indians 
Protesting Against Senate Bill fi693" in Document No. 1304, House of Representatives, 
presented by Mr. Stephens of Texas, Jan. 25. 1913. 



THE CRIME AGAINST THE YAKIMAS. 



47 



A copy of this letter was also mailed to Chairman Stephens. Sen- 
ator Curtis failed to oppose the Jones bill, which was passed by the 
Senate, and referred back to the House conference. The protest to 
Mr. Stephens was more effective. The conference struck out this ap- 
propriation, and provided legislation authorizing the Secretary of the 
Interior to present all available information on the subject to the 
present Congress. As this, however, merely requires Mr. Fisher to 
"investigate" and "report" upon his own methods, within his own 
system, the sequel is foreshadowed. 

From the first there was little or no hope that the Stephens resolu- 
tion would become law. Indeed, it is doubtful if such legislation is 
necessary, as the Attorney General is vested with full power to insti- 
tute and maintain such suits. His office has declared its eagerness to 
protect the Indians and "stands ready to act promptly so soon as it 
shall have received final advices and recommendations from the In- 
terior Department." 

It is safe to preduct that if such "advice and recommendations" 
are necessary to action, they will not be forthcoming from the pres- 
ent head of the Interior Department. 

As a last forlorn hope, the Yakimas have submitted an appeal to 
the Attorney General to institute suit for the recovery of their stolen 




INDIANS DRYING SALMON. 
White Salmon River, Wash.. 1912. 

water rights; and if this supplication is ignored, some of the tribes- 
men have declared their intention to bring suit under the Act of Feb. 
6, 1901, (Statutes L. 760), which grants an allottee in such ease the 
privilege of appeal to the courts. This will precipitate the long- 
dreaded litigation, which, it is hoped will culminate in a congressional 
investigation. Well may the Reclamation venals quail at the pros- 
pective exposure of brigandage and loot so long suffered by the de- 
pendent Yakimas. That the Indian Department, a1 the time and sub- 



48 THE CRIME AGAINST T HE YAKIMAS. 

sequent to the theft of the Reservation waters in 1905, realized that 
an injustice had been done the Yakimas, is attested in the following : 

"Department of the Interior, | 

"Office of Indian Affairs, Washington, September 28, 1906. } 
"Louis Mann, 

"North Yakima, Washington. 

"(through the Superintendent of the Yakima Agency.) 
"My Friend: 

"In a letter dated August 18, 1906, you presented the troubles the 
Yakima Indians are experiencing relative to the use of water for irrigation pur- 
poses, and you want to know what rights such Indians have. 

"In answer, I am wholly unable to tell you what will be the ultimate result of 
the trouble over this question. It is believed that the Indians have a right to 
sufficient water to irrigate their allotted lands, but there is not enough water for 
the needs of all who are dependent on the streams from which the Indians must 
take their supply. As you are aware there is an effort on foot to harmonize these 
conflicting claims, and it is earnestly hoped that something will be done in the near 
future by which the Indians will get a recognized right to a sufficient amount of 
water for their needs. 

"Very respectfully, 

"C. F. LARRABEE, 

"Acting Commissioner." 

At the Thirtieth Annual Conference of Friends of Indians and Oth- 
er Dependent Peoples, held at Lake Mohonk, N. Y., Oct. 25, 1912 : 

Mr. S. M. Brosius, Agent for the Indian Rights Association, read 
an able paper reviewing the Yakima water rights situation, giving ci- 
tations wherein the courts had, in similar cases ruled favorably for 
the Indians. The want of space alone prevents me from giving this 
paper in full. However, it will be found in the Annual Report, 1912, 
of the society above mentioned. 

After Mr. Brosius' address, the conference approved as a part of its 
declaration of principles the following paragraph : 

"In providing water for irrigation for the lands of the Yakima and other Indian 
tribes the Government is in duty bound to protect their vested and treaty rights 
to as full an extent as would be done in cases between citizens. We recommend 
that, whenever practicable, proceedings should be instituted by the Government 
to procure a judicial determination of the Indian rights." 



Since going to press, Mr. Jones, under date of January 21, 1913, 
introduced in the U. S. Senate as an amendment to the current Indian 
Appropriation Bill, H. R. 26874, providing $1,800,000 for the con- 
struction by the Reclamation Service of storage water reservoirs for 
the Wapato Project, on practically the same conditions as his former 
Bill 6693 ; except that in the new bill eighty per centum of the allot- 
ted, and a like per centum of deeded lands within the Wapato unit 
must be pledged for the cost of the work, and all other claims to a 
water right must be waived before any part of the work will be com- 
menced. 

There is, however, in addition to the twenty-acre free water right 
to each allottee, a "sop" held out to the owners of lands to which 



THE CRIME AGAINST THE YAKIMAS. 



49 



the Indian title has been extinguished, wherein the Secretary of the 
Interior shall "equitably adjust" their claims to a water right. 

Secretary Fisher, true to our prediction, stands firmly by his for- 
mer position and strongly recommends the passage of the pending 
bill, which has been recommended by the Senate committee on Indian 
Affairs. Both allottees and white owners — the latter through the 
Reservation Water Users Association — of lands within the Wapato 
unit have protested against the bill in question, and have asked that 
the Department of Justice settle through the courts the Reservation's 
contention for prior rights to the waters of the Yakima river. 

This is the first time in the history of the Reservation that the 
white residents have ever raised their voice against any legislation 
that looks to the despoiling of the Indians. At the last moment, and 
when almost too late, they realize that their threatened water right 
interests, at least, are mutual, and that they have been deceived as to 
the actual intents of the United States Reclamation Service. 







50 



THE CRIME AGAINST THE YAKIMAS. 







THE CHALLENGE. 
WAH-NOK-PI, THE YAKIMA— "A Dream of- the Past." 



* 


Cfje protfjerfjoob of JJortf) 
American 3nbtans 


* 



In November, 1911, 
t here suddenly ap- 
peared on the Yakima 
Indian Reservation the 
Hon. Harve H. Phipps, 
attorney of Spokane, 
Washington, who os- 
tensibly promulgated 
the banding of all the 
nation's wards into one 
threat faction, ' ' The 
Brotherhood of North 
American Indians." He 
unfolded a plan by 
which "good, honest" 
attorneys, regularly em- 
ployed on percentage, 
would protect, in the 
halls of Congress and 
the courts of justice, 
not only the jeopar- 
dized water rights of 
the Yakimas, but all 
treaty guarantees 
wherein the government has proven recreant to its trust. The time 
for such a movement was most opportune. The very atmosphere of 
the Reservation was redolent with trouble and many of the Yakimas 
were quite ready to listen to the extravagant promises held out by the 
glib stranger. So cunning were his words that one faction went wild 
over the prospect of restored Indian rights. They eagerly signed the 
iron clad "power of attorney and fee agreement" produced by the 
wily lawyer, wherein he and Richard C. Adams of Washington, D. C, 
conspicuous in the $3,000,000 Oklahoma McMurry Indian contracts 
swindle, are to conduct all legal transactions, individual and tribal, 
on a percentage basis. 

Chiefs Stwire G. Waters, Saluskin We-owikt, Lesh-hi-hit and Alex 
Teio, with Thomas Yallup and Nealy N. Olney as interpreters, were 




'Lurks 



Ambush Along the Trail. 



52 THE CRIME AGAINST THE YAKIMAS . 

chosen as delegates to Washington where the Brotherhood would be 
completely organized. 

At the Capitol, under the guidance of the Hon. Phipps, the Yaki- 
mas, with delegates from other tribes, met Mr. Adams, who blinded 
them with absurd visions of retrieved tribal power and political pres- 
tige. He held out to them the lure of controlling the ballot in seven- 
teen states and dictating the election of 34 senators and 70 represent- 
atives. To accomplish this "the tribes must stand as one," and to 
this end Mr. Adams organized his "Brotherhood of North American 
Indians," with himself as 

"Great Sachem." 

This momentous event was heralded to the western tribes in a 
pompous telegram signed by the Hon. Phipps, "attorney for the In- 
dians," stating in part : 

"Brotherhood of North American Indians completely organized. The convention, 
by unanimous vote, elected Richard Adams of this city as Great Sachem, Joseph 
Craig of Oregon as Great Secretary. Brotherhood memorials presented to President 
and to Congress this morning. Indian Commissioner approves of movement." 

The constitution of the Brotherhood is liberal. Squaw men, sen- 
ators, congressmen, judges and any political boss with the prefix 
"Hon." may join as honorary members. 

The Yakima delegates returned home elated. They gave glowing 
accounts of the power and wisdom of the Great Sachem — the Moses of 
the Tribes, the Solomon of Councils. By the mere lifting of his 
weasel-skin bedecked grandfather's cane, the insignia of his office, 
Carnegie had been induced to pledge $750,000 for the purpose of 
erecting near the White House a palatial Council Lodge for the 
Brotherhood. The Great Sachem would reside there and keep watch 
over Congress and the Indian Department. There would be no more 
Jones bills to despoil them of lands, water and tribal money. The 
Yakimas could now work their ranches, roam the mountains, hunt 
and fish with no concern for the future. They had empowered the 
Mighty Sachem to care for their interests. He would compel the gov- 
ernment to recognize and redress their many wrongs. Ancient tribal 
glory would be revived and the Reservation maintained for the In- 
dians only. Free water for irrigation purposes, the immediate distri- 
bution of vast sums of tribal moneys, unmolested hunting on the pub- 
lic domain, the protection of their fast disappearing berry patches 
and root areas and the restoration of the Columbia river salmon fish- 
eries were the part to be achieved by the Great Sachem and the 
Brotherhood. 

The Indian Millenium Was Dawning. 

With such lure, about 500 Yakimas, many of them children, joined 
the Brotherhood, while perhaps 100 signed the power of 
attorney contracts. At the solicitation of the Great Sachem, 
Chief Saluskin We-ouikt, with Interpreter Yallup, made a sec- 
ond trip to Washington, and after the annual "Feast of 
the New Food." the following spring, the Chief, with Alex 



BROTHERHOOD OF NORTH AMERICAN INDIANS. 53 

Teio and Harvey Schuster, again returned. In all eleven pas- 
sages to the Capital and return were made by these delegates, the 
entire cost amounting to about $3,300, being defrayed by subscription 
among the Brotherhood following, many of w T hom were in penury. 
To raise this money, guns, horses, saddles and other property was 
pawned, never to be redeemed. No good came of these expensive 
junketings. On the other score, the delegates came home with minds 
confused and warped by the romantic promises made by the forked- 
tongued Sachem. It was schemed by Adams to ensnare all the tribe, 
but unfortunately for his purpose, there were a few who refused to 
be "sweetened" by his words. They saw the stupendous graft con- 
cealed in the signed contracts ; and the Brotherhood was only a 
"blanket blind" to beguile them to certain financial ruin. It was 
suspected that the move was fostered in the interests of the "sys- 
tem." To this body, the Yakima had become too obstreperous; his 
cry must be hushed. The word "Brotherhood" was insidious, mag- 
ical. Like the wing of the vampire vibrating, it would cool the wound 
and soothe the victim while his life blood was being slowly but surely 
drained. So baleful was the influence of the Great Sachem, that in 
midwinter, Mr. S. A. M. Young, the Superintendent of the Agency, 
advised the Indians against his machinations. The Anti-Brotherhood 
faction was early aroused to the danger and on January 27, 1912, 
sent the following protest to the Indian Commissioner, signed by 
Chief Weyaflup AVayacika and fifty other Indians, Louis Mann, Sec- 
retary of Council : 

PETITION. 

Yakima Indian (Res.), Wash. \ 

White Swan, Jan. 23, 1912. \ 

The Honorable, Commissioner of Indian Affairs, 

Washington, D. O. 
Sir: We, the undersigned, members of the Yakima Tribes of Indians, hereby 
protest against the power of attorney and contract and assignments which Harve 
H. Phipps, of Spokane, Wash., and Richard C. Adams, of Washington. D. C, have 
been inducing members of our tribes to sign since we believe the activity of these 
parties has been solely for the amount of money they can get out of it. Further- 
more we wish to state that we do not have confidence in the brotherhood which 
these men are trying to organize among ourselves and other Indians, believing that 
such organization is for a selfish purpose. We further request that the Indian 
Office send out word to other tribes of Indians in the United States warning 
them of these people." 

On March 18, 1912, this faction elected as "Head Chief of all the 
Confederated Tribes of the Yakimas, " Tecumseh Yakatowit. This 
"revolution by ballot" was silently ignored by Chief Waters and his 
following. The tribe was hopelessly divided — a point gained for the 

"system." 

So-Called Carnegie Donation a Fraud. 

But a day of reckoning was coming. The charge of the Great 
Sachem's treachery in not opposing the passage of the Jones Bill No. 
6693 was disclosed to his followers. The alarm spread over the Reser- 
vation, and membership to the Brotherhood at one dollar a head 
ceased. The unused "power of attorney" blanks left by the Hon. 



54 THE CRIM E AGAINST THE YAKIMAS. 

Phipps to be filled in and signed, were destroyed. Frank Meaeham, 
a Carlisle Yakima, hurried to the Warm Springs and successfully 
warned that tribe. Rumors from the East repudiated the Carnegie 
donation, and it devolved upon Louis Mann and Chief Weyallup Wa- 
yacika, the Watch Dogs of their Tribe, to confirm this report. They 
wrote Mr. Carnegie as follows : 

•Yakima Indian General Council, } 

"Yakima Indian Reservation, Washington, June 1. 1912. f 
"Mr. Andrew Carnegie, 

"New York. 
"Our Friend: 

"We are in the dark and ask von to show us light. When our delegates 
were in Washington, D. C, last winter they were told you subscribed $750,000 
to build Council Lodge for Brotherhood of North American Indians. Now report 
from east to our adopted brother and Tribal Historian, L. Y. McWhorter, that you 
never agree to give this money. We do not like crooked talk and we write you first 
that we may learn truth. We trust you will let us hear from you soon. 

His 

X "WEYALLUP WA-YA-CI-KA, 
Mark. 

"Clan C hief Ahtanum Vakimas 
"Chief Judge of Yakima Tribal Court." 
"LOUIS MANN, 

■•Corresponding Secretary Indian Council." 

"Skibo Castle. Southland. June 25. 1912. 
"Mr. Louis Mann, 

"Corresponding Secretary Yakima Indian Council. 
"Dear Sir: 

"Yours of June 1st received. There is no truth whatever in the report- 
that Mr. Carnegie has provided $750,000, or any other sum, with which to build a 
council lodge for the Brotherhood of North American Indians. 

"Very truly yours, 

"JAMES BERTRAM, 

"Private Secretary." 

The power of the Great Sachem's "Tanianawash" was waning. 
His fake Brotherhood was tottering and to bolster the crumbling 
fabric, he seized upon the golden opportunity afforded in the recent 
ruling of the Indian Department, ordering a more liberal disburse- 
ment of the allottees' individual moneys, and heralded among the 
Yakimas and other Western tribes, the following 

Bombastic Proclamation. 

"Washington. D. C, September 14th, 1912. 
"To the members of the Brotherhood of North American Indians and In all othei 

Indians whom it may ecu i in : 

"After much work and many persistent ell; its the Brotherhood of North Amer- 
ican Indians has succeeded in getting an order issued by the Department of the 
Interior, granting all Indians a more liberal use of their individual moneys de- 
posited in various banks throughout the country and belonging to individual In- 
dians from rentals on their lands, sales of inherited lands and timber, and from 
other sources. 

"While the present order, a copy of which is enclosed, is not as liberal as was 
expected, or is desired by the Indians, it is far better, and will give the Indians 
the use of more of their own money than ever before and is a step towards the 
progress that the Brotherhood was founded to accomplish. We have been beset 



BROTHERHOOD OF NORTH AMERICAN INDIANS. 55 

by many difficulties while securing this order; the Presidenl and many of his 
friends and Senators and Representatives in Congress endorsed the more liberal 

use by Indians of their moneys and we have received hundreds of telegrams and 
letters from the Indians urging prompt action. Great credit is due the adminis- 
tration of President Taft for this liberal order and it is certain that the order 
would not have been issued lor several months if the administration had not been 
thoroughly convinced of our sincerely and earnest purpose in making our demands, 
and the equity and justice of our cause. In addition, we have been promised 
that if t he Indians make good use of the moneys paid out under the order more 
liberal treatment will be given in the near future and all Indians will eventually 
be allowed to have entire control of their individual funds. 

"It is hoped that a large delegation will be here on the 6th of December, 1912. 
from all reservations and Indian settlements in the United States; at that time 
we hope to pass resolutions and take actions that will result not only in obtain- 
ing wdiat we are entitled to in the matter of our individual moneys, but that will 
result in obtaining for our people, the Indians of North America, more liberty, 
justice and personal rights now accorded to all other persons, but withheld from 
the foundation of the Government from the Indian people. 

"We feel sure that by close co-operation and help that can be extended by one 
tribe to another will result in greater progress, advancement, uplifting and the 
final and complete liberation of our people. 

'•As Great Sachem of the Brotherhood of North American Indians. I want as 
many letters as I can get from all Indians, whether members of the Brotherhood 
or not. expressing the views of our people relative to the best course to pursxie 
for our elevation, advancement and success; and I want these letters addressed 
to me authorizing me to speak to the President and to other persons in author- 
ity, so that, if necessary, they can be used in a memorial to the President and 
Congress for the benefit of all Indian people. 

"Fraternally yours. 
"RICHARD C. ADAMS, Great Sachem." 

The claim of the self-created Sachem to the honor of instigating 
and bringing about a long-delayed reform in the disbursement of In- 
dian monevs, in a measure restored the confidence of his wavering 
followers. 'Heeding the "Call of the Allies," Chief "Waters and Teio, 
traveling on donated funds, again struck the Trail of the Rising Sun, 
and sat in the Councils of the Fakir during the Moon of Snows. 

As a substance of fact the records of the Lake Mohonk Confer- 
ence, 1906, shows that Mr. S. M. Brosius there inaugurated and cham- 
pioned the cause in question ; since which time the Indian Rights As- 
sociation and other friends of the Indians have constantly pressed the 
claim. 

Apropos to this is the following communication : 

-Department of the Interior. Office of Indian Affairs. 

'•Washington. November 21. 1912. 
"Mr. L. V. MeWhorter, 

"North Yakima, Wash. 

"Dear Sir— 

"Your letter of the 11th instant is received, and replying thereto desire to 
state that from my personal knowledge Mr. S. M. Brosius has for some time paal 
favored a more liberal policy in the disbursement of Indian moneys, both tribal 
and individual, and advocated such in his address before the Mohonk Conference 
six years ago. 

"I enclose herewith as requested copies of Indian Office circular letters of Sep- 



56 THE CRIME AGAINST THE YAKIMAS. 

t ember 11, li>12, and October 12, 1!)12, respectively, modifying previous require- 
ments in the disbursement of 'individual Indian moneys.' 

"Very respectfully. 

james Mclaughlin, 

"inspector." 

Again is the Great Sachem branded an imposter and for the second 
time have the Yakimas followed in the wake of this false prophet. It 
is certainly incumbent upon the Indian Department to honor the re- 
quest of the Anti-Brotherhood Council, investigate and warn all the 
tribes against the schemes of this consummate grafter, who, like the 
deadly Wahk'-puch, lurks in ambush along the trail and strikes with 
poisoned fang the unwary. 




To be Published Within the Year 

Border Warriors 



Embracing the Lives of 

Jesse Hughes and Other Noted Scouts 

of Northwestern Virginia, With 

Illustrative Anecdotes by 

LUCULLUS VIRGIL McWHORTER 

Life Member of the Wisconsin Historical Society 

With Preface and Additional Notes by 

WILLIAM E. CONNELLEY 

Author of 
The Provisional Government of Nebraska, Wyandot Folklore, 
Life of Quantrill, Doniphan's Expedition in the Con- 
quest of New Mexico and California, Etc. 

This work represents sixteen years of labor, and is the first pro- 
duced from original field research in the Trans-Alleghany, since 
1831, when Withers wrote his famous 

BORDER WARFARE 

It is a faithful, non-partisan record of an incessant conflict be- 
tween the red and white warriors, from the advent of the pioneer 
on the upper Monongahela waters, in 1768, to the Battle of Fallen 
Timbers, 1794. The volume will be illustrated from especially 
made photographs; completely indexed, and will contain a vast 
store of hitherto unpublished material, replete with narratives of 
personal adventure, incident to a 

LIFE IN THE "GREAT WOODS." 

The manuscript has been examined by a prominent American- 
ist, who endorses it as "One of the best pioneer histories ever 
written." 

Notice will be given of publication. 



MAR 17 1913 



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